CHIEF EWONA OBO & ORS V. CHIEF OTABA OBAJI & ORS

MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Cross River State, Obubra Judicial Division delivered on 2/5/2014 by his Lordship, Honourable Justice Edem Ita. By a Writ of Summon filed on 08/03/2010, the Respondents as Claimants, claimed against the Appellants, as Defendants as follows:

1 . A Declaration that the people of otegha non paternal family of Ogamana are entitled to the customary right of occupancy over the "OGBOGHlM - RUK FARM LAND" which land is bounded in the North by the landed property of the 3rd claimant paternal family, south by the contiguous landed property of the Otegha-neng Ohane- edda road the land is bounded by a seasonal stream bed that channel water (during rainy season to the "Udiriberebere stream,'

2. An Order of perpetual injunction restraining the Defendants either by themselves, their privies, agents, servants, hirelings, cohorts, cronies or assigns from entering, interfering, tre…