ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was lodged against the judgment of the Benue State High Court Coram A.O. Onum, J. in Suit No MHC/347/2012 delivered on March 14, 2014 in which both the claim of the Appellant and the counter claim of the Respondents for the declaration of title over a piece of land were dismissed but possessory rights over the said piece of land was awarded to the 1st Respondent.
In summary, the facts leading to this appeal are as follows: The Appellant as plaintiff instituted action against the Respondents at the lower Court by a Writ of Summons and by an Amended Statement of Claim, pages 33-36 of the Record of Appeal, he sought the following reliefs:
a. A Declaration that the Customary Right of Occupancy bequeathed to the Plaintiff by his grandparents over the farmland lying and situate at the Genabe District adjacent the Mobile Police Barracks, Makurdi still subsists same not having been revoked by the Governor of Benue State.
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