M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This case has a chequered history. The proceedings commenced in 1961 in the Ikom/Olulumo/Akparabong District Court where Mpama Ekpong of Olumi, for and on behalf of Iyami Olumi sued S.O. Nyambi and 9 others, all of Omon-Olumi for and on behalf of the people of Omon-Olumi, claiming:-
"The plaintiffs claim is for entering and farming on plaintiff' land thereby plaintiffs wishing you to quit."
Both parties led evidence but at the close of the case for the defendants the court ordered the plaintiff to file a survey plan of the land in dispute within 60 days. This was on 3rd May 1961. On 26th day of July 1961 time was extended. It would appear that the parties reached an accord and nothing was done anymore to prosecute the action to judgment. The plaintiff did not file a survey plan as ordered and the defendants did not move the court to strike out the action. The action, however, remained on the cause list.
Meanwhile the original …