AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 15/3/2011 by the High Court of Edo State holden in the Abudu Judicial Division (hereafter simply referred to as "the lower court") presided over by Hon. Justice G. O. Imadegbelo (hereafter simply referred to as "the learned trial Judge"). In its judgment, the lower court entered judgment in favour of the Plaintiff before it (now Respondent) and also dismissed the counter-claim of the Defendant before it (now Appellant).
The instant case was tried before the lower court on pleadings filed and exchanged by the parties. The Statement of Claim filed in the action by the Respondent is at pages 3 - 5 of the records. The Respondent claimed the land in dispute in the instant case as his own and narrated how he came to own the same. The Respondent further claimed that he had been farming on the land in dispute without any disturbance until the year 2001 when the Appellant f…