KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State, Calabar Division presided over by Ita J. delivered on 30th January, 2006.
The Plaintiff now 1st Respondent commenced this action by Writ of Summons dated 5th December, 1989 in a representative capacity wherein he sued Affiong Ekpenyong who later died and was substituted by her attorney Ekpenyong Ita Ekpenyong and the Administrator of Cross River State. In paragraph 22 of the Further Amended Statement of Claim he claimed the following reliefs against the defendants jointly and severally:-
1. Declaration of title to all that piece and parcel of land situate at No. 15 Abasi Obori, Calabar, shown and edged red on plan No. JEJ/CA/2166.
2. A declaration that the said occupation of the said property by Affiong Ekpenyong is against the right and interests of the plaintiff and its (sic) co-beneficiaries, whilst under the management and control by the 2nd…