OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff at the Grade 1 Area Court of Katsina-Ala, Benue State where he claimed against two defendants of whom the present respondent was the second for declaration of title and an injunction in respect of a farmland. The parties testified before the Area Court and called witnesses. At the close of evidence, the Area Court inspected the land in dispute. Parties counsel addressed the court. On 25/4/94, the Area Court in its judgment made a declaration of title as claimed in favour of the appellant. The respondents were restrained from further trespassing on the land with effect from 31/7/94.
The 2nd defendant before the Area Court (and now the respondent) brought an appeal against the judgment of the Area Court before the High Court. The High Court in its judgment given on 20/6/95 did not interfere with the order for declaration of title made in favour of the present appellant (hereinafter referred to as the pla…