JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 30th September, 2014 in the High Court of Cross River State in the Calabar Judicial Division sitting in Calabar. In the High Court (the Court below), the Appellant was the claimant. The Respondent was the Defendant.
The claim of the Appellant against the Respondent as contained in the Amended Statement of Claim was for the following:
(a) A declaration that the Appellant is entitled to a statutory right of occupancy over the property in dispute.
(b) A declaration that the Respondent’s restructuring of the already existing structure on the Appellant’s land without the consent of the Appellant constitutes trespass on the said land.
(c) And (d) Orders for perpetual and mandatory injunctions.
(d) The sum of six million Naira general damages for trespass to the disputed land.
The parties were cousins. The Respondent lived for several years with the Appellant’s father. After the death o…