JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 30th September, 2013 in the High Court of Cross River State in the Calabar Judicial Division sitting at Calabar. In the High Court (the Court below), the Appellants were the Plaintiffs while the Respondent was the Defendant/Counter-claimant.
The claim of the Appellants in the Court below was for a declaration that they were entitled to a statutory right of occupancy over the land in dispute and for an order of perpetual injunction restraining the Respondent from trespassing into the said land.
The Respondent in turn counter-claimed against the Appellants for a declaration that he is the person entitled to the statutory right of occupancy to the disputed land, One Million Naira damages for trespass on the said land by the Appellants and an order of perpetual injunction restraining the Appellants from entering into the said land and from committing any further acts of trespass.