JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Ugep Judicial Division delivered on the 20th day of February, 2014 by ITA J.
The Appellant who had succeeded his elder brother and father of the Respondent as the Family Head of their Akugom 1 Paternal Family of Afrekpe Ekori in Yakurr Local Government Area of Cross River State had a dispute with the Respondent, his nephew over the latters efforts to take over land said to have belonged to his late father personally but which the Appellant felt was property of the Family which dispute culminated in the writ of summons dated 15th April, 2003. The reliefs sought by the Appellant can be gleaned from the Further Amended Statement of Claim on pages 17-20 of the record of appeal, to wit:
(i) A declaration that Plaintiff is entitled to customary right of occupancy over the parcels of farmlands, the subject matter of this action.