Chief Bassey Otu Bassey & Ors V. Etubom Alex Otu Edem & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This is in respect of an appeal against the judgment of the High Court of Cross River State, Akpabuyo Judicial Division delivered on the 17th day of June, 2013 by AJOR J.

The Respondents had approached the trial Court via a writ of summons filed on the 12th August, 2008. By Paragraph 15 of the Amended Statement of Claim filed on 27th November, 2012 and contained on pages 111-114 of the record of appeal, the Respondents sought the following reliefs against the Appellants before the trial Court:

i. A declaration that the Claimants are direct blood descendants of Etinyin Edet Nsa, the founder original owner of all that landed property generally known as Ikot Edet Nsa land situate at Akpobuyo Local Government Area consisting of Akwa Ikot Edet Nsa Village (also known as Esit Ikot Edet Nsa), Ekpene Ikot Edet Nsa Village and Esin Ufot Ikot Edet Nsa Village.

ii. A declaration that the Claimants as direct blood descendants of Etinyin Edet Nsa, the founder and original owner of all that landed property generally known as Ikot Edet Nsa land are by operation

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of law deemed holders of deemed customary right of occupancy over and in respect of the aforesaid land.

iii. A declaration that only the 1st Claimant (Etubonr Alex Otu Edem) in his capacity as Head of Etinyin Edet Nsa House with the consent of other principal members of Etinyin Edet Nsa House can validly transfer and/or alienate land within all that parcel of land generally known as Ikot Edet Nsa land.

iv. A declaration that the 1st Defendant (Chief Bassey Otu Bassey) lacks legal capacity to transfer and/or alienate any portion of land within all that parcel of land known as Akwa Ikot Edet Nsa Village, situate at Akpabuyo Local Government Area, without the consent of the Claimants.

v. A declaration that the purported transfer of land forming part of Akwa Ikot Edet Nsa Village to the 2nd Defendant by person(s) other than the Claimants herein is null, void and of no legal effect whatsoever.

vi. A declaration that the 1st Defendant having regard to the Judgment and Orders in suit No. HCA/1/2004 (Chief Celestine Otu Edem Vs Bassey Oyu Bassey & Anor.) is forever estopped from challenging the traditional overlordship of the Claimants over him

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particularly as it relates to his capacity to transfer and/or alienate any portion of all that parcel of land generally referred to as Akwa Ikot Edet Nsa Village.

vii. An order of this Honouroble Court granting the Claimants exclusive possession all that portion of Akwa Ikot Edet Nsa Village leased to the 2nd Defendants without the consent of the Claimants.