ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Nasarawa State High Court Coram Abundaga, J., delivered on February 21, 2013 wherein the learned trial Judge dismissed the Appellant's suit.
In summary, the facts leading to this appeal, as presented by the Appellant, are as follows: The Appellant acquired a parcel of land situate in Masaka, Karu Local Government Area of Nasarawa State from one Kadarko Dogo in July 1994 for which he was issued receipts. The said Kadarko Dogo had acquired the said parcel of land through customary inheritance under the Masaka native law and custom. The Appellant applied for and was granted a Customary Right of Occupancy No. 2776 in respect of the said parcel of land in October, 1994 by Karu Local Government Council of the former Plateau State. He remained in undisturbed possession of the land and begun the construction of a kaolin industry thereon when the 1st and 2nd Respondents trespassed into the …