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 holding at Akpabuyo Judicial Division delivered on the 14th February, 2012 by ANJOR, J.
The Respondent had taken out a writ of summons dated 21st May, 2007, at the trial Court against the Appellant in respect of a disputed parcel of land wherein he sought the following reliefs:
1. A declaration that plaintiff as family head of Mma Arit Okuk Family is entitled to the customary right of occupancy in respect of the land in dispute.
2. N3m damages for trespass.
3. An Order of perpetual injunction restraining the defendant, his agents, servants, privies or assigns from entering upon or dealing howsoever with the land in dispute.
Pleadings were exchanged by the parties wherein issues were joined. At trial the Respondent as Plaintiff testified and called 4 additional witnesses while the Appellant was the sole witness on his side. The…