After 70 years of land tussle, a Calabar High Court presided over by Justice Imelda Etape has awarded N100m as damages against the Paramount Ruler of Calabar Municipality, Patrick Oqua, and two others for trespass.
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The judge also granted a perpetual injunction restraining him and others from further encroaching on communal land described as Etab Ayip Kasuk along MCC Road and cut through by the Marian (Ndidem Usang Iso) Road Extension/Boulevard.
The judgment was delivered 70 years after a dispute over the ownership of the land started.
The battle continued between the current rulers of the communities, (Ntoe) Ededem Ayito, who is the claimant (for himself, Etab Ayip Village and on behalf of the entire Kasuk Qua Clan II, Calabar) and Patrick Oqua, Ntufam Eyo Iso and Ntufam Francis Okon Effiong (for themselves and on behalf of the entire Ikot Ansa Community (Nkonib) of Calabar) as defendants.
Delivering the judgment in Suit Number HC/242/2017, Justice Etape said, “That all the activities and dealings of the defendants affecting the claimant’s communal swap known as Etap Ayip Kasuk covered by survey plan number EEA/CS/CR/788/2011 supersede by plan number IICC/AF/CR/4/2017/29 consisting of 78 hectares and plan number EEA/CS/CR/4619/2012 consisting of 240.291 hectares and the adjoining dry land situate along MCC Road and cut through by the Marian (Ndidem Usang Iso) Road Extension/Boulevard, which is beyond and outside the area of land covered by the Deed of Release dated September 29, 2006 as shown in survey plan number CR/C.928 are illegal.
“That the sum of N100m is awarded against the defendants being general damages for trespass by the defendants into claimant’s land aforesaid. That I make an order of perpetual injunction restraining the defendants either by themselves, privies, agents or assigns from continuing to cross over beyond the area of land covered by the Deed of Release dated September 29, 2006.”
In his reaction to the judgment, Chief Ededem Ayito, the Clan Head of Kasuk II Qua, said the defendants had been encroaching on their land since 1950.
“As far back as 1950, there were many trespassers in Kasuk communal swampland. So, those people that encroached on our communal swampland; we took them to court and the case was decided in the customary court in 1950 by my predecessors.
“The judgment is there; it speaks for itself. The case was also decided in the Appeal Court in 1951 and 1952; all in our favour that they are trespassers. That judgment even gave an order to the police to guard against people trespassing on our communal swamp land.
“But now, the present generation just wants to take things by force. That is why a lot of people forcefully claim what does not belong to them,” he said.
After the judgment, the Paramount Ruler of Calabar Municipality, Ndidem Patrick Oqua, declined to comment on the matter.
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