KAZEEM, J.S.C. (Delivering the Leading Judgment): The plaintiffs who are the respondents in this appeal claimed from the defendants (now the appellants) a sum of N10,000.00 as damages for trespass at the High Court of South Eastern State holden at Calabar. The trespass was said to have been committed on a parcel of land at Ekpo Abasi Street, Calabar, as shown on the Survey Plan No ESP/880 of 7th October, 1961 reproduced on Survey Plan No. ESA/213/(LD) of 24th July, 1975. The respondents also asked for perpetual injunction to restrain the appellants, their servants, agents and/or assigns, from repeating or continuing the acts of trespass complained of. Pleadings were ordered and duly filed and therein it was averred by the respondents that the land in dispute was situated at Efut Abua in the Calabar Division of the then South-Eastern State of Nigeria.
The respondents claimed that the said parcel of land was sold to one Bernard Eyo Boko alias Okonko Edet Oboko in 1938 by Muri Ekpo Effio…