HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgement): This appeal is against the judgment of the High Court of Justice Cross River State sitting in Calabar the state capital in Suit No. HC/168/2007: Esi-Njo Chief Ekpo Omin Ekpo Eta and two others against Chief Emmanuel Ita Nyong Orok delivered on the 21st of February, 2017.
By the said judgment, the trial court conclusively held that:
“1) I declare that the Plaintiffs are deemed statutory occupiers of all that piece/parcel of land, lying and situate at Atekong village Big Qua Town, Calabar, Cross River State of Nigeria, which identity is not in issue and wherefore known to the parties.
2) I declare that the Plaintiffs are entitled to peaceable and undisturbed enjoyment and possession of all that said piece/parcel of land situate and lying at Atekong village Big Qua Town, Calabar, Cross River State of Nigeria.
3) I declare that the entrance of the defendant, his agents, privies and or assigns unto the said piece/parcel of land constit…