Edet Udoekong Udofia V. Ekpuk Awak Akpan & Ors (2016)

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ONYEKACHI AJA OTISI, J.C.A.

This appeal is brought by the Appellant against the judgment of High Court of Akwa Ibom State, Etinan Judicial Division, sitting in its appellate jurisdiction, Coram Honourable Justice U. E. Essang, delivered on April 29, 2010.

The Respondents as plaintiffs had filed a claim in the Customary Court of Asang seeking a declaration that they were entitled to the customary right of occupancy over the piece of land known as “Ndon Awak” situate at Oboyo Ikot Ita within jurisdiction of the Court, N1,000 (One Thousand Naira) damages for trespass and perpetual injunction to restrain the Appellant as defendant from further interference with the said land. The case filed in the Customary Court of Asang, was heard at the Mbioto Customary Court, Etinan. At the hearing, the Respondents herein, plaintiffs therein, called two witnesses while the Appellant herein, as defendant, called two witnesses. At the conclusion of hearing, the Customary Court inspected the land and delivered its judgment in favour of the Respondent, against the Appellant in these terms:

The Plaintiffs have been

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able to prove their case beyond all reasonable doubts, henceforth the disputed land called “Ndon Okon Awak is hereby declared the bonafide property of Plaintiffs as per their claims.

See: page 38 of the Record of Appeal. Dissatisfied with the said judgment of the Mbioto Customary Court, Etinan, the Appellant, as appellant, appealed to the Chief Magistrate Court, Etinan. The said Chief Magistrate Court, Etinan allowed the appeal of the Appellant, appellant therein, against the Customary Court’s decision and dismissed the case of the Respondent, the respondent therein, pages 90 to 122 of the Record of Appeal.

The Respondents then appealed to the Akwa Ibom State High Court, Etinan; which heard the appeal and delivered its judgment, in these terms:

“The reversal of that judgment by the Appellate Chief Magistrate’s Court, Etinan was/is perverse and in error.

All the grounds of appeal argued by the plaintiffs/appellants’ Counsel succeed.

This Court therefore sets aside the judgment of the learned Chief Magistrate’s Court, Etinan delivered on 7/3/2005.

Judgment of the trial Asang District Court of 5/8/99 is hereby affirmed.

Judgment

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