JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Akwa Ibom State sitting in Uyo Judicial Division delivered on the 25th day of November, 2014 by ODOKWO J.
The parties are various trade groups occupying the Timber and Building Materials Market in Itam, Akwa Ibom State. Following disagreements among them over their use and occupation of the said Market, the Respondents took out a writ of summons against the Appellants wherein they claimed as follows:
(a) A declaration that the Timber and Building Materials Market Itam a.k.a. Itam Timber Market was built and commissioned for the use of the Claimants.
(b) A declaration that as transporters, the Defendants place is at Itam Modern Motor Park, Itam, Itu.
(c) An order that the Defendants yield to the Claimants possession of the restaurant (R5) and an office which they are forcefully and illegally occupying at the Itam Market, Itam, Itu.
(d) An order compelling the…