OPENE, JCA (Delivering the Lead Judgment): This matter originated from Ikom/Akpambong/Oluhumo District Court where the respondent inthis appeal, as the plaintiff, filed an action against the appellants as defendants claiming as follows:-
“The plaintiff’s claim is for court’s assistance for the defendants to quit from plaintiff’s cocoa/farm land which was given to the defendant’s husband (Late Atamgba Mkpa) to farm which the defendant now is claiming same to be hers. Dispute arose since March, 1993 at Nkpanjen - Akparabong.” The 2nd defendant/appellant who is the son of the 1st appellant, upon his application was then joined as the 2nd defendant. There was a full trial at the end of which the trial court found the defendants/appellants liable and thereupon ordered them to quit the land in dispute.
Dissatisfied with the judgment, the appellants appealed to the Chief Magistrate Court Ikom and on 13/7/95, the learned Chief Magistrate in his judgment allowed the appeal and set aside the ju…