OPENE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Benue State High Court sitting at Vanderkya in its appellate jurisdiction. The appellant who was the plaintiff at the Grade II Area Court, Ihugh brought an action against the defendant/respondent claiming a piece of land at Mbakyou and an injunction restraining the defendant/respondent from further working on the land. On 10/5/89 the Grade II Area Court entered judgment in favour of the plaintiff/appellant.
The defendant aggrieved with the said judgment appealed to the High Court and on 13/10/93 the High Court sitting in its appellate jurisdiction at Vandeikya allowed the appeal and dismissed the plaintiff/appellant's claims.
Dissatisfied with that decision, the appellant has appealed to this court. Both the parties filed their Briefs of argument in accordance with the rules of this court.
In the appellant's brief of argument, only the issue was identified for the determination of this appeal an…