(1996) JELR 39919 (SC)    

Supreme Court  ·  SC.194/1991 ·  13 Dec 1996 ·  Nigeria
Other Citations
Akpan vs. Otong (1996) 10 NWLR (Pt.476) 108
Akpan v. Otong (1996) 1 NWLR (Pt. 476) 108
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
learned trial judge
court of appeal
declaration of title
nkwot ikot umoh
court of first instance
lower court
traditional evidence
disputed land
inter alia
leading judgment
acts of possession
order of retrial
traditional history
abasi uta ikot ekpe
acts of ownership
favour of the appellants
akpan afia
judgment of the court
parcel of land
said piece of land
above error
acts of trespass
chief e. edet
chief umo akpan ukot
considered judgment
decision of the trial high court
determination of this court
dispute viz
evaluation of the evidence
evidence of arbitration
following reliefs
good reasons
high court of cross river
jurisdiction of the ikot ekpene judicial division
jurisdiction of this honourable court
necessary findings
order of injunction
plan no. esa
previous native arbitration
respondents appeal
result of a wrong approach
said acts of trespass
survey plans
third issue
udo okpok udo anya
uyo high courts

ONU, J.S.C. (Delivering the Leading Judgment): In the High Court of Cross River (now Akwa-Ibom) State holden at Uyo in Suit No. HT/24/73 the plaintiffs, herein appellants, commenced an action against the respondents then defendants, claiming the following reliefs:-

"(1) A declaration of title to all that piece or parcel of land known as and called "Abasi Uta Ikot Ekpe" situated, lying and being at Ikot Ekpe in Ibiono, Itu Division within the jurisdiction of the Ikot Ekpene Judicial Division interferred with by the defendants about six months now.

(2) The sum of N1,000.00 as damages for trespass, committed by the defendants, their servants and/or their agents on the said piece of land by clearing it, digging it and planting oil seedlings a few weeks ago.

(3) An order of injunction restraining the defendants, their servants and/or their agents from further entering into the said piece of land and from repeating the said acts of trespass on the land".

After pleadings were ordered, filed…

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