MR. NEJI OBIM (FOR AND ON BEHALF OF NTUROKIM/OGBAGANTE COMMUNITY) V. CHIEF ROBERT ACHUK ACHUK (FOR HIMSELF AND ON BEHALF OF NKANACHE VILLAGE AKPARABONG)

EKPE, JCA (Delivering the Lead Judgment): In the District Court ofIkom/Olulumo/Akparabong, holden at Ikom in the Cross River State the original plaintiff on record, Chief D. E. Takom in a representative capacity for himself and on behalf of the people of Nturokim/Ogbagante community, claimed against the defendants in a representative capacity for a customary right of occupancy to a piece of land lying along the right hand side of Akparabong/Bendeghe Afi Road which was been in the rightful possession of the plaintiff which the defendants have trespassed into and sold portion of it to the 2nd defendant for the purpose of building a Church of God Mission , without the consent of the plaintiff, the rightful owner of the said land.

At the hearing in the District Court, Ikom, the defendant pleaded not liable to the plaintiff’s claim. Both parties testified and called witnesses who also testified and were cross examined. At the end of the evidence of both parties on 25/3/93, they prayed the…