ANI & ANOR
V.
EFFIOK
MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of His Lordship, D. N. Eyamba Idem, Chief Judge of High Court of Justice, Calabar, delivered on 16th May, 2006 in Suit No. HC/396/2003, wherein judgment was entered in favour of the plaintiff by the grant of declaration of entitlement to the statutory right of occupancy in respect of the land situate at No. 4 Eta Okon Street, Calabar, Calabar South Local Government Area, declaration that the erection of a permanent church building thereon by the defendants is illegal and the award of N15,000.00 as general damages.
At the trial court, the reliefs claimed by the plaintiff against the defendants as endorsed on the issued writ of summons and paragraph 13 of the statement of claim subsequently filed thereto are reproduced below:
"(13) The defendants activities on the land particularly the illegal erection of a permanent church defendants trespassers and liable to damages.
Consequent u…