HAMMA AKAWU BARKA, JCA (Delivering the Leading judgment): The instant appeal is against the judgment of Akon B. Kpeme J, of the Cross River State High Court Akamkpa, Akamkpa Judicial division sitting in its appellate jurisdiction on the judgment of B. E. Mbang, of the Chief Magistrate Court, Akpet Central, in charge with No. MAC/16C/2009.
In the judgment of the lower court delivered on the 4th of October, 2016, the lower court upheld the conviction and sentence imposed on the appellant with respect to counts 2 and 3, while the two other co-accused persons were discharged and acquitted for lack of evidence linking them to any of the counts of the charge.
The appellant and the respondents gave two divergent facts leading to the institution of the action before the lower court and subsequently to the instant appeal. According to the appellant, there exists a dispute between him (appellant) and the Pw2, Mrs. Rosemary Ugo Bassey over the piece of land upon which the appellant and two others …