V. A. O. OMAGE, J.C.A (Delivering the Leading Judgment): This is an appeal which originated from the Customary Court of Cross River State of Nigeria, in the District Court of Southern Afaha. The suit proceeded from there at the instance of the defendant who lost in the district court to the Magistrate Court of Ukanafun, in the Ukanafun Magistrate District. There the defendant sought leave and obtained same to file additional grounds of appeal. Being still dissatisfied with the judgment of the Ukanafun Chief Magistrate Court decision. He proceeded to the High Court, Abak Judicial Division, from where the suit now came to the Court of Appeal when the defendant appellant was still dissatisfied with the decision of the High Court.
The Suit commenced in the Southern District Customary Court of Afaha in Suit No. 27/84, the plaintiff claimed against the defendant thus:
"1. A declaration of land title to a customary right of occupancy to parcels of land known and called Ikot Nsung Ntak Odoro…