EDOZIE, JCA (Delivering the Lead Judgment): By an originatingsummons in suit No. C/296/97 filed on 7th July, 1997 in the High Court of Cross River State sitting in Calabar, the appellant as plaintiff sought against the respondent, the defendant the following four reliefs:- “(a) A declaration that by the deed of assignment dated the 2nd of June, 1996 entered into between the defendant and the plaintiffand registered as No. 97 at page 97 in volume 34 Lands Registry Calabar, the defendant did completely divest himself of any interest or claim in favour of the plaintiff in the property and building off Marian road extension (but now known as No. 3 Trade Fair Road Calabar) and covered by Certificate of Occupancy No. CA/3291/88 issued by the Military Governor of Cross River State on the 2nd of June 1989 and registered as No. 91 at page 91 in volume 302 Lands Registry Calabar together with Plan No. JEJ/CR/554A dated 3rd August, 1986.
(b) A declaration that the continued occupancy of the sai…