JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the High Court of Cross River State sitting at Obubra Judicial Division delivered by KOOFFREH J. on the 17th February,2014.
The parties belonged to neighboring villages and had a dispute over a piece of land resulting in the respondent taking out a writ of summons against the appellants who were then four inclusive of the then 1st defendant who unfortunately died in the course of the proceedings. The reliefs sought by the respondent/claimant were as follows:
''1. An Order declaring that the plaintiff is entitled to the Statutory Right of Occupancy over all that parcel of land situate, being and lying in between the Government Primary School, Owakande 11, Obubra and the former pineapple farm along Obubra-Apiapum Road in Ogada, Obubra Local Government Area within the jurisdiction of this honourable Court.
2. An Order of mandatory injunction compelling the defenda…