MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): At the High Court of Cross River State, holden at Calabar, the respondent instituted an action in Suit NO HC/452/2013 against the appellants herein. By the action, the respondent claimed against the appellants for a declaration to statutory right of occupancy in respect of parcel of land situate, lying and being No. 17/18 Adak Uko Street, Calabar, Cross River State. He also sought damages for trespass and perpetual injunction against the appellants from further acts of trespass on the said parcel of land.
At the trial, respondent made the case that he was granted No.17/18 Adak Uko Street, Calabar via a Deed of Grant by late Chief Xavier Edem Edet Eyo which deed was registered as No. 43 at page 43 Volume 108 at the Lands Registry, Calabar. And that he was also granted Right of Occupancy in respect of No. 17/18 Adak Uko Street, Calabar via Certificate of Occupancy NO CA/394/94. Both the Deed of Grant and the Certificate o…