OPENE, J.C.A (Delivering the Leading Judgment): In the High Court of Benue State holden at Makurdi, the respondent as the plaintiff filed an action against the appellants in which in para. 18 of his Statement of Claim at p.4 of the record of proceedings, he averred as follows:-
18. Whereof the plaintiff claims as follows:
(a) A declaration that Kwande Local Government Certificate of Occupancy No.6 described as measuring 3.8897 Hectares or 10.00 Acres is a fraud and therefore is null and void and of no effect whatsoever.
(b) A declaration that the title of the defendants being existing, was rooted from the said Zaki Ikyo and therefore no Certificate of Occupancy could have been obtained without due consultation and permission first had and received.
(c) A dcc1amtion that the plaintiff through his father the rightful owner of the land covered by Certificate of Occupancy No.6 dated 30/7/80 and registered in Volume I page I at the Kwande/Ushonge Local Government Authority Lands Registry.
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