JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The respondent filed three separate suits in the High Court of Justice of Cross River State holden at Ogoja, namely,HJ/17/2003; HJ/18/2003 and HJ/20/2003. Suit No. HJ/20/2003 filed on 17th day of March,2003 is now the subject matter in this appeal. In the course of the proceedings the three suits were consolidated. In each of the consolidated suits the respondent claimed in a representative capacity from the appellant and others, title to the land in dispute. The learned trial Judge heard evidence and delivered judgment on the 4th day of February,2009 in favour of the respondent as follows:
"I therefore order as follows per the respective Defendants.
FIRST DEFENDANT,JOSEPH ANYIM SUIT No. HJ/20/2003
I adjudge him a trespasser on the land in dispute.
Judgment for the plaintiff.
1. I declare that the plaintiffs are entitled to the deemed right of occupancy of the land and the four rooms house lying and situated (sic) at Ushi-Utam…