S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The Appellants were plaintiffs and initiated the proceedings leading to this appeal in the customary court, known as District Court of Bahumono now in Cross River State. By majority decision the District Court gave judgment for the plaintiffs but the Chief Magistrate Court sitting at Ugep upset this judgment on appeal. When the appeal went to High Court sitting at Ikom the learned judge in his appellate jurisdiction set aside the decision of the Chief Magistrate and restored that of the District Court. On further appeal to the Court of Appeal at Enugu, the appeal was upheld and in essence the decision of the Chief Magistrate, Ugep was restored.
The matter giving rise to the suit in the District Court is an expanse of land reflected in the two plans tendered and admitted each as Exhibit A. The Exhibit A of the plaintiffs, now appellants, is drawn on scale of 1:5000 metres while that of the respondents is on 1: 2000 metres scal…