ONYEKACHI A. OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State, Calabar , delivered on 20th April, 2012.
In summary, the facts leading to this appeal are as follows: The land and property in dispute, No 56 Egerton Street, Calabar, forms part of a larger parcel of land and property known as and called No 56, 58 and 60 Egerton Street, Calabar, and, Nos. 21 - 25 Macdonald Street, Calabar. The case of the Appellants is that the entire larger parcel land belonged to the 1st Appellant's father, Ita Joseph Archibong Ita, by virtue of a Deed of Land Gift (Exhibit E) executed by Etubom Efa John Eyamba, for himself and on behalf of Ekpeyong Offiong Okoho Eyamba family, owners of the land, in favour of the said 1st Appellant's father, late Joseph Archibong Ita, who was also the grandfather and uncle of the 2nd and 3rd Appellants, respectively. The said Deed was witnessed by late Admiral Akinwale Wey, who was the 1st
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