STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Cross-River State in Suit No. HC/287/2013 delivered on the 17th day of October, 2016 by Michael Edem, J (as he then was).
The Appellants as Claimants had taken out a writ of summons of the Court below against the Respondents who were Defendants. From the endorsement on the writ and paragraph 13 of the Statement of Claim of the Appellants, three (3) reliefs were couched as follows:
(a) A declaration that the Claimants are entitled to the statutory right of occupancy over the parcel of land lying and situate along New Water Intake Road, Ikot Effanga Mkpa, Calabar Municipality, Cross River State covered by Survey Plan No. EEA/CS/CR/097/2011.
(b) An order of perpetual injunction restraining the Defendant by himself, his servants, privies, agents an assigns from trespassing on the afore-mentioned parcel of land or interfering with the right of the Claimants to administer a…