A. FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): In suit No. C/44/1956 commenced in the Calabar High Court, the plaintiffs, now appellants, claimed against the defendants, now respondents, declaration of title to the piece of land known as "MBIARABA" which consists of the old village site of the Mbiaraba people called "Ndon Mbiaraba" and Mbiaraba farmlands and swamps. The land is bounded on one side by Ekim land, on the second side by the Ikot Ukap Village, on the third side by Ikot Andem Village and on the fourth side by Mbak Ekoi Land. The plaintiffs also claimed damages for trespass and an injunction restraining the defendants, their servants and/or agents from further acts of trespass on the said land.
According to the averments in their Statement of Claim and the traditional and other evidence adduced in support, the land has been the property of the plaintiffs from time immemorial and until February, 1956 it has been cultivated by them from year to year without any d…