PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): The Appellant herein as Plaintiff filed Suit No. CV/60/2010 against the Respondents as Defendant claiming for:
"A DECLARATION of title to land situate at Agala Ate Amyigba. He also claimed an Order of Perpetual Injunction restraining the Defendants, Privies, Agents from further trespass into the land in dispute.”
On 22nd September, 2010, the Defendants filed a Counter-Claim against the Plaintiff claiming the land over which the Appellant as Plaintiff sued the Defendants on the ground that the Appellant resided and farmed on the land in dispute as tenant to the Defendants.
The matter proceeded to trial at the Upper Area Court and at the end of the trial and adoption of Written Addresses by learned Counsel to the parties the trial Court - Upper Area Court I, Ankpa, the Appellant claims were dismissed and the Counter-Claim of the Defendants succeeded. The said Upper Area Court concluded its judgment as follows:-
"From the abo…