IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is consequent upon the judgment of the High Court of Cross River State, Ugep Judicial Division, delivered on April 17, 2013 in Suit No: HUG/48/97. By the decision in question, the Court below Coram: Michael Edem, J; (now CJ), dismissed the Appellants claim on ground of lack of locus standi. The Respondents counter claim was equally dismissed by the Court below on ground of lack of merits.
BACKGROUND FACTS
The facts and circumstances surrounding the suit could be gleaned from the record of appeal. On 24/10/97, the Appellant filed the said suit in the Court below vide a writ of summons. By the Further Further Amended Statement of Claim thereof, filed on 27/01/2011, the Appellant claimed against the Respondent the following reliefs:
1) A declaration that the farm lands, the subject of this suit, are communally owned by the Plaintiffs paternal family who are entitled to the statutory right of occupanc…