SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of Honourable Justice S. M. Anjor of the High Court of Cross River, Calabar delivered on 24th August, 2017 overruling the appellant’s preliminary objection and assuming jurisdiction to hear the suit instituted by the claimant(now respondent).
The respondent as claimant at the court below took out a writ of summons and statement of claim both filed on 22nd February, 2017. In paragraph 14 of the statement of claim, the respondent as claimant claimed from the appellant/defendant thereat as follows:
i. A declaration of title to all that pieces of land measuring appropriately 231.05 square metres at Ikot Eka Edem village, Calabar Municipality with Beacon Stones No.SEG 6169, SEG 6170, SEG 6172, SEL 28702, SEGi. 6173, SEG 6174.
ii. An order for payment of ₦50,000,000 (Fifty Million Naira) damages for trespass.
iii. An order of perpetual injunction restraining the defendant and his privies from further acts of tr…