Oso Aya (alias Oso Effiong) & Anor v. Emmanuel Daniel Henshaw & Anor (1972)

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Parties

1. OSO AYA (Alias) OSO EFFIONG
   2. IQUO EKPONG INYANG – Appellants

AND

1. EMMANUEL DANIEL HENSHAW
   2. EFANA DANIEL HENSHAW – Respondents

SIR I. LEWIS, J.S.C. 

The plaintiffs claimed 200pounds damages for trespass together with an injunction to restrain the defendants from further acts of trespass on the plaintiffs’ land in Plaint: MU/62/58 in the Chief Magistrate’s Court, Calabar but on the 28th December, 1960 the learned Chief Magistrate dismissed the claim with 50 guineas costs holding, as we understand the judgment, that the defendants were entitled to build where they did as it was not on land awarded to the plaintiffs in a judgment by Webber J. in Suit No. 610/1910 delivered on the 21st September, 1911. The plaintiffs appealed against that decision to the High Court, Calabar but during the course of the argument of counsel, Mr. Anwan, the record reads as follows:

“Court to both Counsel: My impression of this case is that the evidence therein is unsatisfactory in some respects. And I feel like exercising the powers conferred on this Court by Order 56,rules 16 and 17.

Anwan: I would like to conclude my arguments.

Court: You may continue.

Anwan continues: At page 44 paragraphs 33-34 the learned Chief Magistrate adjourned for inspection of locus before counsel’s addresses. And page 45 contains the Inspection Notes. I refer to paragraphs 7-14 of same page 45 I draw attention to lines 15-19 of the Inspection Notes.

Court: Having heard all the arguments, I am still determined to make an order based on Order 56, rules 16 and 17. I will adjourn for the order, and will cause it to be served on the parties.”

An order was then made by the learned judge in the following terms:

“Between: APPEAL No. C/35A/1962.

Emmanuel D. Henshaw & Anor. Plaintiffs/Appellants

And

Iquo Ekpong Inyang Defendant/Respondent