NGWUTA JCA(Delivering the Lead Judgment): This appeal is against A the judgment of Itam J. of the High Court of Justice, Cross River State, Calabar Judicial Division. The judgment was delivered on 26 January 2009 in suit No. HC/154/2005. Endorsed on the writ of summons issued on 11 April 2005 and reproduced in paragraph 37 of the statement of claim is the plaintiff’s claim for: “(a) A declaration that the plaintiff is the beneficial owner of the property situate and lying at No. 58/71 Palm Street, Calabar.
Perpetual injunction restraining the defendant, her heirs and assigns from trespassing and/or laying claim to the property situate and lyingat No 58/71 Palm Street, Calabar. General damages of N1,000.000.00 (one million naira) against the defendant”
In her statement of defence the defendant denied the plaintiff’s claim in its entirety and counterclaimed thus:
“(i) A declaration that the counterclaimant is the bona fide owner of the property known as No 58/71 Palm Street, Calabar.
An…