MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgement): This appeal is against the judgment of the High Court of Cross River State, Coram Hon. Justice Eyo E. Ita delivered on 18th day of July, 2016 dismissing the claim of the claimant thereat and also striking out the name of the 3rd respondent for not been served with the originating processes.
By originating summons filed on 17/3/2016, the appellant as claimant before the lower court sought for the determination of the following questions:-
Whether the judgment of Cross River High Court in Suit NO. CA/53/85 dated 25th February,1986 delivered by Hon. Justice Udofia (late) does not remain binding, valid and subsisting against the 1st defendant as same has not been appealed against or set aside by the decision of any other court.
Whether in the circumstance where the acquisition of the land made by the 1st defendant per Notice No.9 Vol.10 in the Cross River State Gazette of 17th February, 1977 and Nigerian Chronicle of January 22…