AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 20/3/2008 by the High Court of Kogi State presided over by Honourable Justice Tom Yakubu. The High Court of Kogi State will hereinafter be imply referred to as 'the lower court'. The lower court in its said judgment dismissed the claims of the Claimant and granted the counter-claim of the Defendants in part.
The Claimant commenced the instant action against the Defendants by a writ of summons dated 31/1/2007 and which was filed on the same day. The endorsements on the said writ of summons read thus:-
"The Claimant as the village head of Banda village in Oworo District of Lokoja Local Government Area of Kogi State claims for and on behalf of him (sic) and as representing members of Banda village, the owner (sic) of a piece of land known, called and referred to as Okumi, which land is situate, lying and being within Oworo District of Lokoja Local Government Area of …