CHIEF SUNDAY EYO OKON OBONG V. BUAE ENTERPRISES LIMITED

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): Appellant, as Claimant in the Uyo Judicial Division of the Akwa Ibom State High Court, instituted a suit against the Respondent as Defendant for the declaration of land known as Esa Akpan Nsek, an order of perpetual injunction against the Respondent and Five Million Naira damages for continuous trespass to the said land.

Judgment was delivered by Uwana, J., on the 29th of March, 2012. After the judgment, the Learned trial Judge invited counsel for the parties to address the Court on why the Appellant should not be non suited. Both counsel addressed the Court on 30/3/2012 whereby the Learned trial Judge entered an order of non suit against the Appellant. The Respondent had raised in his pleadings and evidence that the Appellant's suit was statute barred, since the adverse claim in favour of the Respondent over the land in dispute was created in 1987 and the Appellant became aware of this fact in 1995, while this suit w…