JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the High Court of Justice, Benue State sitting at Okpoga in Suit No. OKP/HC/8/2005 delivered on July 26, 2007 by Igoche, J
The Appellant (as Plaintiff before the trial Court) sued the 1st and 2nd Respondents (as 1st and 2nd Defendants) claiming the sum of N2, 000, 000.00 (Two Million Naira) only being damages for trespass, as well as an order of perpetual injunction restraining the Respondents, their agents, servants, privies, etc, from further acts of trespass on the Appellant's parcel of land covered by an Okpokwu Local Government Certificate of Occupancy No. 3255 dated August 12, 1993.
The 3rd Respondent was joined as the 3rd Defendant upon an order of Court made on 02-03-2006 on his own application. At the trial, the Appellant testified, called one witness and tendered three documents admitted in evidence as Exhibits 1, 2 and 2A. For the defence, the 3rd Respondent testified an…