YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Benue State sitting in Makurdi and delivered by HON. JUSTICE T. A. IGOCHE on the 29th April, 2009, wherein the lower Court held that the Appellant failed to prove his case and then proceeded to dismiss same. The Appellant dissatisfied with the decision, filed a Notice of Appeal dated 27th July, 2009 setting out 3 grounds of Appeal.
Facts leading to this appeal are straight forward and amenable to brief summary. The parties herein are adjoining plot owners. The Appellant claimed the Respondent built a fence beyond the space available to him and thereby blocked the access road through which the Appellant accesses his plot, among other reliefs. The Appellant therefore brought this suit before the Court below seeking for the following reliefs:
a. A Declaration that the Plaintiff is entitled to a right of way to his land and (sic) being plot No.: BNA 2331 Makurdi.
b. An…