YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This Appeal is against the decision of the Benue State High Court sitting in Makurdi delivered by HON. JUSTICE ADAM ONUM-CHIEF JUDGE (now Retired) on the 21st September, 2018 wherein the Court below entered judgment against the Appellants. The Appellants dissatisfied with the judgment, filed an Amended Notice of Appeal dated 20th November, 2020 setting out 5 grounds of Appeal.
Facts leading to this appeal are straight forward and can be summarized in the following way. The Appellants as Plaintiffs had on the 20th May, 2017 via writ of summons commenced the action against the instant Respondents then as Defendants and sought the followings reliefs:
i. A DECLARATION that the Plaintiffs are entitled to and are the owners of the subject matter of this suit, to wit, all that vast parcel of land lying, being and situate at Idye Ukor, Adaka bounded to the North by Zaki Emberga Kyav, (Mbaku Family Land) to the south by Iorchor A…