EDOZIE, JCA (Delivering the Lead Judgment): Proceedings culminating in this appeal were commenced as suit No. 196/85 in the Odoro Ikot District
Court and from there the suit was transferred to the Ikot Ekpene High Court as suit No. HT/1/86 where pleadings were filed, exchanged and subsequently amended. In the amended statement of claim, the appellant herein as plaintiffs suing in a representative capacity claimed against the respondents as defendants also in representative capacity reliefs set out in paragraph 16 thereof thus:- “(1) A declaration that the plaintiffs are entitled to the customary right of occupancy over a piece or parcel of land known as and called 'Owok Nsai' lying and situate at Ikot Uko, Essien Udim Local Government Area within the jurisdiction of this honourable court. A
N50,000.00 (Fifty thousand Naira) being damages for trespass.
A perpetual injunction restraining the defendants, their agents, servants, assigns or others, however from ever trespassing on the said …