(2011) JELR 46073 (CA)    

Court of Appeal  ·  CA/J/51/2007 ·  24 May 2011 ·  Nigeria
KUDIRAT M.O. KEKERE-EKUN Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
2nd respondent
2nd appellant
counter claim
exhibit a1
statement of defence
2nd defendant
exhibit c
learned trial judge
documentary evidence
declaration of title
trial court
preponderance of evidence
process file
eze v. atasie
favour of the 1st respondent
interested party
ministry of lands
right of occupancy no. bnc
amended statement of claim
conclusive evidence
acts of trespass
approval of the grant
case of ogidi v. igba
confirmatory allocation approval
custody of the 7d defendant
evidence of dw3
exhibit b. sometime
favour of the plaintiff
gbafe v. gbafe
i.b.w.a. vs imano ltd.
issuance of a statutory right of occupancy
judgment of the high court of benue state
kada v.
learned trial judge ought
nsirim v. nsirim
odumosu v. oduwole
possession of a plot of land
principal state counsel
respect of both respondents
respect of the said land
single issue
virtue of the doctrine of lis pendens

KUDIRAT M.O. KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Benue State, Makurdi division delivered on 27/9/05 in favour of the plaintiff (1st respondent herein) against the 2nd defendant (2nd appellant herein) and dismissing the 2nd defendant's counter claim. The appellants being dissatisfied with the decision filed a notice of appeal on 7/12/05 containing four grounds of appeal.

The parties duly filed and exchanged their respective briefs of argument. The appellants' brief settled by M.A. Tsuwa Esq. is dated and filed on 3/12/07. The 1st respondent's brief settled by J.I. Orsal Esq. is dated 10/5/07 and filed on 19/6/07. The 2nd respondent's brief settled by P.M. Ukande Esq. is dated 11/1/2010 and filed on 18/2/2010. It was deemed filed on 24/11/2010. The Appellants also filed a reply brief in respect of both respondents' briefs. It is dated and filed on 3/12/2010.

The appellants formulated 3 issues for determinatio…

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