JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The Respondent instituted an action against the Appellants before the High court of Justice cross River State, Calabar on 28th day of January, 2008. The suit first came before E. O. Efiong J., on 4th day of February, 2008 but the Court was not sitting because of strike action by judicial staff. The case finally came for hearing before Philomena Ekpe J., on 11th day of March, 2009. Paragraphs 10-12 of the statement of claim described the land in dispute as follows:
"10. In between the plaintiff's house and his father's house lie about 9 plots of land measuring about 100 meters by 100 meters each which the plaintiff's mother used for cultivating plantain, Cassava, yams and vegetables such as fluted pumpkin and water leaf among others. She realized about N2m (Two Million Naira) annually from the farm produce from the land with which she fed and paid the school fees of the plaintiff's siblings.
11. This parcel of land was once a s…