JEAN OMOKRI, J.C.A. Delivering the Leading Judgment): This is an appeal against the judgment of Andrew Okon, J., of the High Court of Akwa Ibom State in Suit No. HEK/144/98 delivered on 27/4/2006.
The present respondent as the plaintiff at the court below, instituted proceedings against the present appellant, who was then defendant. In paragraph 24 of the statement of claim, the respondent claimed as follows:
"(a) A declaration that the plaintiff is entitled to the statutory Right of Occupancy of the piece or parcel of land with the building thereon lying, situated at and known as No. 1 Ekereuwem Street Eket in Eket Local Government Area.
(b) Perpetual injunction restraining the defendant by herself, agents, servants, privies and/or her successors in title from ejecting him from the house/land in dispute."
The appellant in paragraph 30 of her statement of defence filed a counter claim as follows:
"(a) A declaration that the defendant is the owner and in possession of all the property…