OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment delivered by Hon. Justice F. U. Ilok on 22 July 2005 at the Calabar Division of the High Court of Cross River State.
By his further amended statement of claim dated 10 January 2001, the plaintiff (now appellant) claims against the seven (7) defendants/ respondents jointly and severally for:
A declaration that the Deed of Lease dated 15 November 1945 executed between the 3rd and 6th defendants andregistered as No. 34 at page 34 in volume 2 of the Lands Registry, Enugu, is fraudulent, null, void and of no effect.
A declaration that the plaintiff is entitled to the statutory right of occupancy of theland measuring about 1282 acres occupied by the 1st defendant at Ikot Ekpo shown in Government plan with tracing No. E. 642 of 6 June 1944, by virtue of sale under native law and custom. An order that the defendants pay to the plaintiff all the arrears of rents on the said property from 1 November 1935 until judg…