PRINCE NKEREUWEM EKPENYONG UDO V. PRINCE ETIM EKPENYONG & ANOR

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal as plaintiff at the trial Court claimed against the Respondents as Defendants as follows:

1. A Declaration that the Plaintiff is entitled to the portion of land known as NDON ENEN UDOFIA situate and being at UDOEKONG AKPABIO STREET, ANUA OBIO, UYO.

2. An order of Court restraining the Defendant either by himself, agent, assigns, privies or hirelings from trespassing into the said land.

3. The sum of N141,000 as special damages.

4. The sum of N5,000,000 (FIVE MILLION NAIRA) damages for trespass.

In a considered judgment delivered by Justice Philomena S. Etim of the Uyo Division of the Akwa Ibom State High Court in Suit No. HU/210/2008 delivered on the 16th of May, 2014, the Learned Trial Judge dismissed the Appellants claim in its entirety. Exercising his constitutional right of appeal, the Appellant filed a Notice of Appeal on the 10th day of June, 2014 with Omnibus Grounds of appeal and subse…