MOHAMMED A. DANJUMA, J.C.A. (Delivering the leading Judgment): This is an appeal against the decision of the High Court of Justice, Benue State sitting at Otukpo in Suit No.OHC/6/2007 wherein the learned trial court had entered Judgment for the Plaintiff now Respondent in the terms of his reliefs sought.
I shall, because of the deliberate conflicting versions of the statement of the facts of this case and the nature of the claim as set out by the respective counsels in this appeal, set straight the records by setting out the plaintiffs claim at the High Court so that the true perspective of the case could be appreciated. By paragraph 22 of the plaintiff's statement of claim, the plaintiff claimed as follows:-
a) "AN ORDER directing the Defendant to specifically comply with the terms of the Memorandum of Understanding dated 10th November, 2006 by surrendering his title document in respect of property or properties located at No.23 Old Otobi Road GRA, Otukpo, and Benue State to the plai…