M. A. OWOADE J.C.A: (Delivering the leading Judgment): This is an appeal against the Ruling of Philomena N. Ekpe J. in Suit No. HCA/4/2005 delivered on 31/3/2006 at the Akpabuyo Judicial Division of the High Court of Cross River State.
The Appellant as Plaintiff before the High Court initially instituted this action in a representative capacity for and on behalf of Ikot Edem Odo village - by an originating summons filed on 21/8/2005 against 7 Defendants including the two (2) Respondents in this appeal as 6th and 7th Defendants. Later the Plaintiff/Appellant was granted leave to maintain the action in his personal capacity.
The question for determination in the said summons was:
Whether, in accordance with the Land Use Act, 1978, the 3rd, 4th and 5th Defendants have the jurisdiction to declare that the landed property of Ikot Edem Odo village known as and called "Esa Edet Efio Otu" situate at Ikot Edem ado village, Akpabuyo is the property of Ikot Ekpe Eyo village represented by the 6t…