MOHAMMED A. DANJUMA J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Benue State sitting in its appellate capacity at Vandeikya. The Judgment is contained in Suit No. VHC/2A/2000 and was delivered on 22nd March 2002 and is contained on pages 42-50 of the Record of Appeal.
Before I proceed, it is imperative to state that the Appellant had sued the Respondent before the trial Area Court Grade II, Korinya claiming a declaration of title and perpetual injunction restraining further trespass to a piece of farmland, situate at Mbamondu, Mbakule (see page 1 of the record. The Respondent counter claimed title to the same piece of land which he claimed was situate at Mbager, Magile (page 2 of record).
The trial Area court heard evidence and visited the land and decreed title in favour of the Appellant and dismissed the counter claim as not proved.
The evidence of the parties is at pages 7 - 21 while the notes of the inspection at …