ADZIRA GANA MSHELIA, J.C.A.(Delivering the Leading Judgment): The present appeal emanates from the judgment of the Benue State Customary Court of Appeal, sitting in Makurdi, Benue State in Appeal No. CCA/M/20A/2005 dated the 25th day of June, 2007 , wherein the appeal of the present appellant against the judgment of Grade 1 Area Court, Otukpo, Benue State in suit No. CV/49/2002 dated the 29th day of April, 2002 was dismissed and the judgment of the trial court affirmed.
The brief facts leading to this appeal are as follows: The original plaintiff in this case was Ochai Agada now late was substituted with the present respondent vide an order of this court. The said original plaintiff at the trial Grade 1 Area Court, Otukpo sued the present appellant as defendant seeking the following relief:-
"A Declaration to a piece of land and economic trees and also injunction to further development in the land."
The case proceeded to trial before Grade 1 Area Court. Both parties gave evidence and …