UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Honourable Justice Adie Onyebueke of the High Court of Cross River State, sitting in Calabar, delivered on Thursday 16th May, 2013. Appellant's application at the lower court to strike out the suit or set aside the Writ of Summons was struck out hence, this appeal.
The Respondents, herein as Claimants, at the lower court commenced Suit No. HC/434/2012 against Ikwo Etim and the Appellant herein claiming the following reliefs:
i) A Declaration that the Claimants are entitled to the Statutory Right of Occupancy over the land-in-dispute known to parties and shown in the pictures taken and further described as No. 92 Old Odukpani Road, which institute on or is the same as No. 33 Murtala Mohammed Highway, near Cross Lines Motor Park and also opposite Conoil Petrol Station, Calabar.
ii) An Order cancelling Defendant's title, registration, leases, agreements and all other transactions ent…