OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff before the Grade I Area Court of Tombo sitting at Buruku, Benue State. He claimed against the respondent as the defendant the ownership of a farmland at Mbaya Tombo and also for an injunction. Parties are hereinafter referred to as 'plaintiff' and' defendant' which is the same description they bore before the trial court.
The defendant pleaded not liable to the claim of the plaintiff. He claimed that the farmland in dispute was his own. The parties testified and called their witnesses. The trial court visited the land in dispute took further evidence from 'elders'. On 20/5/87, it gave its judgment wherein plaintiff's case was dismissed.
The plaintiff brought an appeal against the judgment on only one ground of appeal which reads:-
'The decision of the trial Area Court is unreasonable, unwarranted and cannot be supported having regard to the weight of evidence adduced before it."
On 22 February, 1989, t…