JEAN OMOKRI, J.C.A:(Delivering the Leading Judgment) This is an appeal against the judgment of Justice E.E. Ita, of the Cross River State High Court sitting in Calabar, in Suit No. HC/302/2005 delivered on 13/8/2008.
The appellant in this appeal acquired a piece and parcel of land in 1973 from late Ndidem Edim Imona, the Ntoe of Big Qua on behalf of Big Qua Town Calabar. The lease agreement, duly executed by the parties, was tendered and admitted in the trial court as Exhibit A. The land was fenced round and a gate was put there to ensure that intruders did not enter the land. Sometimes in 2003, a counsel acting for the Big Qua Town wrote a letter terminating the lease. The letter is exhibit E. Sometimes in March, 2005, the respondent was retained by the Big Qua Community to carry out a survey of the land, which he did. After surveying the land he was paid off by the Big Qua Community on 13/5/2005.
Subsequently, the appellant's solicitor wrote a letter with Reference No. GAU/MSC/2005…