THOMAS, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Ugep High Court of Justice, Cross River State in suit No. HUG/MISC/10/2003 delivered on 14th July, 2003.
The present appellant was the plaintiff/applicant at the lower court in which he filed a motion on notice for:
"An order of interlocutory injunction restraining the defendant/respondent from whether by himself, his servants, workmen, agents and assigns or otherwise howsoever from entering or doing anything inconsistent with the rights of the plaintiff/applicant on the parcel of farmland known and called Kepontamse amon vema abo Mbang ofor and bounded by the parcels of land of Obal Enang Effiom, late Mbang-Ofem, Usang Egu Edet and Ikoi Mbang and equally demarcated by "yetete" trees, until the determination of the substantive suit." (italics mine)
The above application for reliefs and the supporting 16 paragraphs affidavit was filed, and later, a reply to the counter-affidavit was…