I. T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Benue State, holden at Otukpo, given by the Honourable Justice J. T. Tur on the 11th day of May, 1995, pursuant to an application by the respondent herein for an order striking out the counter-claim in suit No. OHC/55/93.
The appellant herein was the counter-claimant/respondent at the High Court while the respondent herein was the defendant/applicant.
The facts of this case as presented before the lower court are that the appellant who was the defendant had been appointed as the 'Ukpoju' (market master) of Eke Market more than 30 years prior to the filing of the suit.
In October, 1992, opponents of the appellant purportedly removed the appellant as 'the Ukpoju' of Eke Market.
Several attempts were made to amicably resolve the matter but the same yielded no fruitful results, despite the intervention of traditional rulers and officials of the Okpokwu Local Government whi…