TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Calabar Division delivered on the 28th day of October 2009, wherein the lower Court gave judgment in favour of the Respondents and dismissed the Appellant's appeal. The Appellants became nettled by the decision of the lower Court and therefore appealed to this Court via Notice of appeal filed on the 18th day of October 2010. Appellants' notice of appeal was amended on the 7th day of October 2021.
The facts of the case from the records of appeal are that the Plaintiffs at the trial Court, now Appellants sued in a representative capacity and obtained judgment against the Defendants now Respondents in this appeal, in suit No. C/88/76 at the High Court of Justice Cross River State claiming, declaration of title to land and damage for purported acts of trespass to the land in dispute and forfeiture. The trial Court granted an order of forfeiture over the land described in …