ELDER EYO AKPAN UDO V. CHIEF PIUS O. EFFIOM

OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Honourable Justice Evaristus A. Uke of the High Court of Cross River State, Calabar Judicial Division, delivered on Tuesday, the 28th day of October, 2004.

By his amended statement of claim dated 6th February, 2004, the appellant as plaintiff before the lower court claimed against the defendant/ respondent as follows:

A declaration that the plaintiff is entitled to the statutory right of occupancy of all that piece or parcel of land situate, lying andbeingat Ikot Ansa, Murtala Mohammed Highway, Calabar containing an area of approximately 2629.993 square metres and contained certificate of occupancy No. CA/2890/86 registered in the Lands Registry in Calabar as Number 74 at Page 74 in Volume 272.

A perpetual injunction restraining the defendant either by himself, agents, privies, servants or whomsoever from interfering with the plaintiff’s right over and the enjoyment of the piece of land situate and lyi…