MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting at Ikom, Coram, Hon. Justice A. A Onyebueke, delivered on the 2nd day of October, 2017 dismissing the claimant’s claim and granting the reliefs in the defendants’ counter-claim.
The claimant commenced a civil suit NO HE/3/2016 through a writ of summons and statement of claim which was later amended on 15/3/2016 and claimed against the defendants as follows:-
1. An Order of declaration that the claimant is entitled to a customary right of occupancy over the said cocoa farm.
2. An order of injunction against the defendant and his agents or assigns from trespassing into the said farm.
3. Damages of N5,000,000.00 (Five Million Naira) for trespass.
Upon being served with the originating processes, defendant denied the claims and averred that it was the claimant who carved out a portion of their farm to himself by jumping over Ette Ette Egbe’s l…