PATRICK AFURU OGAR (FOR HIMSELF AND ON BEHALF OF ASSENASSEN COMMUNITY) V. THOMPSON BAI TOPMAN JAMES

EKPE, JCA (Delivering the Lead Judgment): This is an appeal against the Ruling of Edem, J. delivered at the Ikom High Court of Cross River State on the 8th of October, 1998. Briefly, the facts giving rise to this case and the appeal are: On the 29th of March, 1993, the plaintiff, now appellant, took out a writ of summons against the 1st defendant, now respondent, and one other person named Sampson James, who was later struck out from the suit, at the Ikom High Court, claiming the following reliefs:

“1. An order for forfeiture of all that parcel of land, subject of customary tenancy, which said parcel of land is lying and situate at the left hand side of the road along Ikom-Obudu Highway;

2. An order of perpetual injunction restraining the defendants, their privies or servants from entering into the aforesaid parcel of land for any purpose whatsoever.” 

Upon service of the writ of summons, the respondent entered an undated conditional appearance to the suit filed on 13th May, 1993. L…