PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment):
This Appeal is against the Judgment of the High Court of Cross River State, Calabar Judicial Division delivered by Honourable justice E. Ita on the 12th October, 2009 in suit No. HC/185/1991.
The Brief facts of the case is that the 1st Appellant applied to the Commissioner for Lands, Survey and Town Planning on the 13th June 1980,
for a State land and was subsequently allocated piece of Land under a temporary Right of Occupancy (T.R.O), vide a letter No. MHE/LD/2446/134 of 20th March, 1981. The Land measuring 60 feet by 60 feet was for the construction of a temporary structure. The Temporary Right of Occupancy (TRO) was not to be transferable to a 3rd party by virtue of Section 4 (d) (1) of the Land Use Act Regulations (Amendment) Edit 1984.
The said Government land was gazette in Cross River State Legal Notice No. 124 of 8th May, 1980, No. 21 Vol 13. The 1st Appellant entered the said Land through the permit of the Chief Lands Of…