OPENE, JCA (Delivering the Lead Judgment): This appeal arose from the judgment of the High Court of Akwa Ibom State, holden at Eket, delivered by Nkereuwen, J. on 6/4/90, whereby the learned trial Judge entered judgment for the plaintiffs/respondents against the defendants/appellants in respect of their claims for a declaration of customary right of occupancy and perpetual injunction in respect of a piece or parcel of land known and called “Odoro Ndiso” situate at Ikot Use Ukong Village, Eket with N250,00 costs while the claim for damages for trespass over the same land was dismissed. Dissatisfied with this decision, the appellants have now appealed to this court. The appellants filed six grounds of appeal, including the additionalgrounds filed pursuant to the order of this court. Briefs of argument were filed by both sides through their counsel.
In the appellants’ brief of argument, four issues were identified for the determination of the court and they are:-
“(a) Whether Odoro Ndiso…