NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): In this appeal the Appellant has challenged the order made by Ekpe J. of the High Court of Justice of Cross River state, Akpabuyo Judicial Division dismissing its preliminary objection to the hearing of the Respondents' suit.
Endorsed on the writ of summons issued on 2nd May 2007, with leave of Court for service out of the jurisdiction of the Cross River State High Court, are the Plaintiffs' claims against the defendants (with the Government of Cross River State as the 2nd Defendant).
"(a) A declaration that all that parcel of land lying and situate at Esuk Ekpo Village, Akpabuyo is communally owned by the Plaintiff.
(b) An order that the Plaintiffs are entitled to the certificate of occupancy over the land wrongly surveyed by the 1st Defendant comprised in survey plan NO Zap/2744.
(c) An order setting aside the certificate of occupancy no AY/179/2002 dated 21/11/2002 issued by the 2nd Defendant in favour of the 1st Def…