OZUNGWE
V.
GBISHE & ANOR
·
Dzungwe v Gbishe (1985) 2 NWLR (Pt. 8) 528
B. O. KAZEEM, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Kaduna delivered on 21st April, 1983 which reversed the judgment of the High Court, Makurdi of 18th November, 1980. At the High Court, the plaintiff, one Peter Par Dzungwe was granted perpetual injunction against the two defendants, (Ornam Gbishe and Igudu Gavar), their servants and or agents restraining them from further trespassing on his land situate in Ute Clan in the Vandeikya Local Government Council Area of Makurdi in Benue State.
Because of the issue of law raised in this appeal, it is important to give the background antecedent to the whole action. Prior to this High Court Case, the plaintiff originally instituted an action on the 6th of May, 1976 against the 1st defendant at the Grade II Area Court in Tse-mker claiming his own portion of his father's farmland; but that action was withdrawn to enable the 2nd defendant to be joined as a party to the suit. How…