MUKHTAR, JCA (Delivering the Lead Judgment): In a writ of summons taken out by the plaintiff, (who is now the respondent) the particulars of claim contained therein read as follows:-
The plaintiff is a businessman residing in Jos in Plateau State and prosecutes this action through his lawful attorney who resides in Makurdi.
The defendant is a staff of Guma Local Government Gbajimba and resides within the jurisdiction. By virtue of an agreement dated 15th June 1979, the plaintiff purchased three plots of land situated at prime location at the North Bank of Makurdi from Alhaji D. Ibrahim Yakamata. The said plots of land are covered by certificates of occupancy number 132, 135 and 183 each measuring 100ft by 50ft all located at the North Mission Ward.
The plaintiff has developed some portion of the said plots of land, having been lawfully put in possession by the said Alhaji Yakamata.
Sometime in 1994 the defendant trespassed into a portion of the said plots of land and started building a …