AKEJU JCA (Delivering the Lead Judgment): At the Eket Division of the High Court of Akwa Ibom State, the appellant (as plaintiff) commenced suit No. HEK/83/98, through the originating summons filed on 10 August 1998, but upon the motion on notice filed by the respondents (who were defendants), challenging the competence of the action, the High Court sitting at Eket (hereinafter called the trial court) in the ruling delivered on 10 November 1998, ordered the parties to file and exchange pleadings. The appellant filed a statement of claim on 24 November 1998, while therespondents filed statement of defence and counterclaim on 15 January 2001 as subsequently amended through the amended statement of defence and counterclaim filed on 11August 2004.
The appellant as plaintiff had sought the following reliefs:
A declaration that the plaintiff is entitled to the possession of all that piece of land situate at Ekpene Ukpa Edet, in Eket Local Government Area, and covered by Certificate of Occup…