This is a representative action. It is between two communities in Cross River State. Ikot Iwang is one. The other is Ifiang Nsung and Ifiang Oyong. They share one name in common. It is Akpabuyo. The two communities have been in litigation for over eighty-eight years.

This would appear to be the third case on record. The first one was decided in 1915. The trial Judge was Webber J. the judgment of the Court is Exhibit 9. It was delivered on 22nd February, 1915. The second one was decided on 3rd November, 1941. The trial Judge was Martindale, J. The judgment of the Court is Exhibit 2.

In the present suit, Respondents as Plaintiffs, claimed a declaration that they were traditionally and legally entitled as of right to be made a party in any formal Deed of Agreement touching and concerning any part of the forest or palm plantation lands at Ifiang Village and Ikot Iwang village which Ifiang community and Ikot Iwang community respectively have traditionally enjoyed together in common from time immemorial.

In the alternative, they sought a declaration that any purported Deed of Agreement to alienate the communal forest or palm plantation lands at Ifiang or Ikot Iwang by the appellants unilaterally was invalid and void against the Respondents who had a common right of enjoyment thereof with the appellants from time immemorial. They also asked for certain other reliefs.

The learned trial Judge dismissed the Respondents' claim. Dissatisfied, the Respondents filed an appeal at the Court of Appeal which gave them judgement and reversed the decision of the trial judge.

Dissatisfied, Appellants appealed to the Supreme Court.