ITA PETER OKON V. EDET BASSEY OKON

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Ikot Nakanda delivered on 20th September, 2009 dismissing the claim of the claimant. Being dissatisfied, the claimant now appellant, appealed against the judgment.

The Appellant in the court below had claimed the following reliefs against the defendant, now respondent.

1. A Declaration that the transaction between the Plaintiff and the Defendant's father late Bassey Okon Attah entered into in 1993 in respect of a piece or parcel of land verged yellow on the Plaintiff survey plan in this action, situate at Okoro Aba Oyo Ita village in Ikot Nakanda, is a pledge,

2. A Declaration that the Plaintiff is entitled to customary right of occupancy over the piece or parcel of land which is verged red on the Plaintiff's survey plan in this action,

3. An order that the Plaintiff is at liberty to redeem from the Defendant the piece or parcel of l…