AKA’AH JSC (Delivering the Lead Judgment): This appeal arose from the judgement of the Courtof Appeal, Calabar Division, which reversed the decision of Nkop C. J. sitting at Akwa Ibom High Court, Uyo and ordered a re-trial on the ground of the non-evaluation of the evidence led by the respondents on their pleaded acts of ownership and possession. The plaintiffs/respondents had sued the appellants in a representative capacity in suit No. HU/4/85 seeking a declaration that they are entitled to the customary/statutory right of occupancy over the disputed land called ‘Esuk Inwang Okon Eyo’; N1,000,000.00 (one million naira) beinggeneral damages for trespass and a perpetual injunction restraining the defendants, their agents and assigns from ever committing further acts of trespass over the said land.
The claim was denied. Pleadings were filed and exchanged and the parties called witnesses. The learned trial Chief Judge of Akwa Ibom State before dismissing the plaintiffs’ case found incon…