SAMUEL C. OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of justice, Makurdi, Benue State, delivered by Hon. Justice I. Hwande C.J on the 28th day of May, 2009 in suit No. MHC/117/2002.
The Respondent in this appeal was the Plaintiff in the lower Court. His claim in this suit as per paragraph 16 of his further amended statement of claim dated and filed on 21-06-2006. Reads thus:-
16 (a) A declaration that the plaintiff is the bona-fide owner of plot No. BN 2076 as evidenced by both the Right of Occupancy and Certificate of Occupancy.
(b) AN ORDER of perpetual injunction restraining the Defendant by himself, his successors, servants, agents, privies or whomsoever claiming through him from trespassing into or interfering with the Plaintiffs peaceful enjoyment of his plot No. BN 2076.
The Appellant (then as Defendant) reacted by filing a statement of defence with a counter-claim where in paragraph the claim the following reliefs:-
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