OMOKRI JCA (Delivering the Lead Judgment): This is an appealagainst the judgment of O. I. Itam, J. of the High Court of Cross River State sitting at Ogoja in suit No. HJ/55/2007 delivered on 15 March 2006.
The respondent, as plaintiff instituted proceedings against the appellants, who were the defendants at the trial court, claiming:
I. Declaration that the plaintiff being a Nigerian citizen is free to acquireand own property anywhere in Nigeria including Ogoja, and that defendants’ efforts in preventing or attempting to prevent plaintiff from acquiring No. 42, Mission Road, Igoli - Ogoja covered by Certificate of Occupancy No. OG389/91 dated the 15 December 1991 is unlawful, illegal, null and void.
N10,000,000.00 (ten million naira) being special, aggravated and general damages for trespass on 4 June 2001, 12 June 2001 and continuing on the piece and parcel of land aforesaid which is in lawful and peaceable possession of the plaintiff.
An order of perpetual injunction restraining the d…