SAMUEL C. OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Benue State sitting in Makurdi and delivered by Hon. Justice T.A. Igoche on 02 - 07 -2010.
The Plaintiff (now Respondent) had in the lower Court claimed as per the writ of summons filed on 17-7 -2007 and paragraph 26 of the amended statement of claim filed on 29 -10 -2008 against the Defendants (now Appellants) jointly and severally as follows:
1. A declaration that the Plaintiff is entitled to the portion or parcel of land lying and situate at Makurdi, Benue State covered by Certificate of occupancy No. BNA 7807 and bounded by beacon Nos. MKC 2042, MKC 2043, MKC 2048 and MKC 2049 covering a total area of 0.143 hectares on Makurdi TPD 03 at Logo II close to Owner Occupier Quarters along Abu King Shuluwa Road: Makurdi.
2. An order of perpetual injunction restraining the Defendants, privies, relations from trespassing or laying claim to the said plot No. BNA 7…