ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the High Court of Kogi State, Okene, delivered by Hon. Justice S. O. Otu on July 10th, 2017 wherein title to the land in dispute was declared to be in the Respondent (the Claimant at the Court below) as against the Appellant (the Defendant at the Court below).
The Respondent claimed as follows at the trial Court:
"1. A declaration that the plaintiff is entitled to the exclusive possession and enjoyment of his 3972 sq. meters land along Okene-Okengwe Road which land is covered by Certificate of Occupancy KW 6522 of 8th August, 1988.
2. An order setting aside the Customary Right of Occupancy Purportedly granted to the defendant by the Okene Local Government same being null void and of no effect.
3. A perpetual Injunction restraining the defendant, his agents and privies from any act or further act of trespass against the plaintiff.
4. Special and general damages in the su…