MR. ANDREW UBANA V. MR. JOHN UBANA OTTOH & ORS

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of E. Ita J. of the High Court of Cross River State, Ugep delivered on 8th day of May, 2014.

The Appellants as Claimants in the Court below took out a Writ of Summons and Statement of Claim against the Respondents (Defendants) on 5/3/2010. The initial Claimants were two but the name of the 1st Claimant who was the father of the Appellant was struck out on his demise. The Claimants claim against the Defendants Respondents as follows:

"1. A declaration that the Claimants are entitled to a Statutory Right of Occupancy over all that parcel of land known as LEKABO, situate at Letakom - Ikpakapie, Ugep.

2. An Order for the payment of the sum of N500,000.00 (Five Hundred Thousand Naira) being general damages for trespass.

3. An Order of injunction restraining the Defendants, their agents from trespassing into the farm of the Claimants."

The Respondents filed a Statement of Defence and Counter …