EKPE, JCA (Delivering the Lead Judgment): The plaintiff in the High Court of Cross River State, holden at Calabar, in his personal capacity sued the defendants in suit No. C/109/73 in a representative capacity for themselves and as representing Ishie house and claimed in paragraph 20 of the amended statement of claim the following reliefs: “(a) Declaration of title to a piece of land known as Isong Akani Ebiet Ishie, in Ishie town, Calabar within Calabar Judicial Division, the annual rental value of which is N20.00.
N500.00 general damages for trespass in that on or about November, 1973, the defendants entered into the said piece or parcel of land, constructed roads, and gave out to tenants of their choice parts of the land in dispute without the consent and/or approval of the plaintiff, who is the titular owner of the said land. Perpetual injunction to restrain the defendants, their agents and servants from continuing further acts of trespass on the land.”
Pleadings were ordered, fil…