MR. BASSEY EMENE OTU V. MR. JAMES EDET EYAH

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The present appeal is a fall-out of judgment of the High Court of Akwa Ibom State, delivered on May 5, 2016, in Suit No. HOK/7/2013. By the said judgment, the Court below granted the Respondent's claim for a statutory right of occupancy to the land in dispute, known as 'NTUK NTA' situate at Nung Atai Odobo Village, Okobo Local Government Area, Akwa Ibom State, and dismissed the Appellant's counter claim.

BACKGROUND FACTS

The Respondent instituted the said suit in the Court below on 26/3/13, thereby seeking declaration and injunctive reliefs against the Appellant. By the statement of claim, filed same day along with the writ of summons thereof, the Respondent claimed against the Appellant:

(a) A declaration that the plaintiff is entitled to a Statutory Right of Occupancy to all that piece or parcel of land known as "Ntuk Nta" lying and situate at Nung Atai Odobo Village, Okobo Local Government Area which is bounded on…