JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice, Benue State, holden at Makurdi (coram Kpojime, J.) in suit No. MHC/323/2006 delivered on 18/7/2013. In the judgment, the trial Court held that the case of the appellants (as plaintiffs) had failed and accordingly dismissed it in its entirety.
The facts of the case leading to the appeal may be summarized as follows: One Aaron Agayami Akale was allocated the parcel of land in dispute by the Government of Benue State and was issued a certificate of occupancy No. BNA 2448 covering the land which is represented on the survey plan annexed thereto. The certificate of occupancy was issued in January, 1989. The said Akale by a deed of assignment dated 31/12/1998 assigned his interest in the land to the 2nd appellant. He (2nd appellant) in turn assigned his interest in the land to the 1st appellant by virtue of a deed of assignment made between them on 10th August, 2006.…