SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of South-Eastern State delivered at Calabar on 27th September, 1972. The plaintiff's writ was issued against the 1st defendant but in the course of the proceedings the 2nd, 3rd and 4th defendants were joined as representatives of the Idundun people with descriptive title of Ntoe of Idundun. The 3rd and 4th defendants are family heads and elders of the Idundun Community. They were joined because they leased the property to the 1st defendant.
This case is Suit No. C/33/1969 tried at Calabar and the plaintiff's claims for damages for trespass and injunction were dismissed. The writ of summons reads:
Statement of Claim
1. "The defendant by himself, his servants and/or agents between the months of July and August, 1969 broke and entered certain land of the Plaintiff at CANAAN OQUA OTOP in Calabar, destroyed Plaintiff's economic trees, his farms and other farms of his tenants, cleare…