In most cases, a person who owns land in Akwa Ibom may not identify who actually is a squatter on his land, thereby making it difficult to serve legal processes on the unknown squatters. Land here may be with or without a building on it. Where a person claims possession from an unknown squatter, he may institute civil proceedings at the High Court by way of originating summons, seeking to evict the unknown squatters or persons from his land. Originating summons is one of the ways of commencing an action at the High Court. He shall file in support of the originating summons an affidavit stating the following;
- his interest in the land.
- the circumstances in which the land has been occupied without license or consent and from which his claim to possession arises
- that he does not know the name of the person occupying the land who is not named in the summons.
This originating summons, together with the affidavit in support shall be served on the unknown person(s) either personally or by pasting it in a conspicious area of the land or by leaving a copy of the summons on the land or in any manner as the Judge may direct that the unknown person(s) be served. Every copy of the originating summons to be served on the unknown squatter must be sealed with the seal of the Court issuing the summons.
Any person who is in occupation of the land, having been served with the originating summons, but has an interest in the said land may formally apply to the Court to join the suit as a named defendant. The matter will then be contested on affidavit evidence, without the need to call for oral evidence except there are disparities in the affidavits that can only be resolved by oral evidence.
If the unknown person fails to contest the lawsuit, the Court will immediately make an order of possession in favour of the applicant directing that the unknown persons or squatters vacate the land, and the order is carried out to the latter with the instrumentality of the bailiffs of Court.
A person who owns land in Akwa Ibom may adopt this summary procedure as it guarantees speedy litigation for possession.
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