MR. Andrew Ubana V. MR. John Ubana Ottoh & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of E. Ita J. of the High Court of Cross River State, Ugep delivered on 8th day of May, 2014.

The Appellants as Claimants in the Court below took out a Writ of Summons and Statement of Claim against the Respondents (Defendants) on 5/3/2010. The initial Claimants were two but the name of the 1st Claimant who was the father of the Appellant was struck out on his demise. The Claimants claim against the Defendants Respondents as follows:

“1. A declaration that the Claimants are entitled to a Statutory Right of Occupancy over all that parcel of land known as LEKABO, situate at Letakom – Ikpakapie, Ugep.

2. An Order for the payment of the sum of N500,000.00 (Five Hundred Thousand Naira) being general damages for trespass.
3. An Order of injunction restraining the Defendants, their agents from trespassing into the farm of the Claimants.”

The Respondents filed a Statement of Defence and Counter Claim but eventually relied at trial on the Further Amended Statement of Defence and Counter Claim of 11/10/2013 whereof they

1

Counter claimed against the claimants jointly and severally as follows:

i.”A declaration that the lbiang Otandom paternal family is entitled or deemed to be entitled to the Statutory Right of Occupancy over the pieces or parcels of lands known as IDDO, NNEOBONG, LEBU BONIWITU, LIKPOPAM, KOYAYE, SOKOLPAM, NTAMKPO, OPONWEN, OKPONWEN, OTAMWEN, OKWAWITUWEN, LEKPISO ESEKPOTI, NTANA, EKPATONGHATI, LEKOBO (LEKABO) IKPO BINE, EKPLAMASI, LOMUNPON, EKOLITI, EKPENGHI, ULANG, EKOWAPAM, YITAMITAM, AND ILUMOH situate in LETEKOM, Ugep in the Yakur Local Government Area.

ii. Perpetual injunction restraining the Claimants either by themselves, their privies, agents, servants, hirelings cohorts cronies or assigns from entering, interfering, trespassing or further entering, interfering or trespassing into the said pieces or parcels of lands.

iii. To pay to Ibiang Otandom paternal family N2,200,000.00 on account of

a. Funds generated from farmland allotments for 4 years – N600,000.00.

b. Land assigned to Ibor Otu Eno and William Daniel Iwara – N800,000.00.

c. Value of family forest reserve plundered – N900,000.00.

The parties finally joined