NGWUTA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Justice, Ikom, Cross River State, delivered by Eneji, J. on 15 January 2004.
The appellants, as plaintiffs, representing themselves as well as the people of Boje, Boki, filed an action in the District Court of Abo at Abo Ebam against the respondents as defendants for themselves and as representatives of the people of Nsadop Boki. The claim was for:
“1. A declaration that a piece/parcel of farm-bush known and called Olymo-Osa, located at Boje, Boki is the property of the plaintiffs, but that the defendants have trespassed therein to harvest, ravage and exploit a wide-range of economic crops/ trees, such as assorted timbers, salad vegetables, bush mango and so on since in the year 1996.
2. An order for eviction for the defendants to quit the plaintiffs’ farm-bush mentioned above in claim 1 , and relinquish same A to the plaintiffs forthwith.
3. An order for interim injunction to restrain t…