OYEWOLE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Cross River State, Ogoja Judicial Division delivered on 20 February 2012.
The appellants had taken out a writ of summons against the respondents, their neighbouring community in Obudu Local Government Area of Cross River State over an area of land. The reliefs sought by them as per paragraph 14 of their amended statement of claim on pages 184 -185 of the record of appeal are as follows:
a. A declaration that the claimants, Ukwortung community are owners in possession of their Ukwortung community land situate in Obudu Local Government Area and more particularly delineated and verged blue on plan No. JEJ/ CR/213(LD), prepared by Surveyor J. E. J. Asuquo, dated A 29 July 2009.
b. A declaration that the defendants of Kutia are an original customary tenants or licensees of the claimants in respect of the land in dispute and cannot dispute title with the claimants, their overlords.
c. An …