MUKHTAR JCA (Delivering the Lead Judgment): The claim in the action in the court of first instance (Grade II Area Court Afia Benue State) by the plaintiff against the defendants jointly and severally is:
“The declaration of title to a parcel of land situate at Mbawar- Torov and court assistance to eject the defendants away from building round houses on his farmland.”
The case of the plaintiff is that his grandfather allocated the land in dispute to the father of the defendants called Yamelu, who settled on it for a period of five years before migrating to Wukari where he died. The year the plaintiff instituted the action, the defendants returned to the piece of land to settle. The defendants denied that the land in dispute was the plaintiff’s, but that his father settled in the compound on the land where the 2nd defendant was born. Their father migrated to Wukari and later they returned to the land in dispute. The defendants gave evidence of boundary and planting of economic trees the…