SALAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Cross River State High Court of Justice, sitting at Calabar, granting in favour of the plaintiff a declaration of title to a parcel of land situate at Ikot Ansa. Calabar awarding damages of N100,000 for trespass and making an order of perpetual injunction restraining the defendant, her servants and agents from further acts of trespass.
The defendant was dissatisfied with the judgment and appealed to this court on six grounds of appeal. The grounds of appeal are set out immediately hereunder-
"(1) Error in law
The learned trial Judge erred in law when he completely failed to identify the real issue in controversy in this case, namely whether the defendant was a daughter of the original grantee, James Robertson, and therefore entitled by inheritance to the land in dispute as joint owner with the plaintiff.
Particulars of error
(a) It had been acknowledged in the pleadings and evidence that th…