(2018) JELR 39048 (CA)    

Court of Appeal  ·  CA/MK/29/2013 ·  30 Jan 2018 ·  Nigeria
JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
disputed land
learned trial judge
tiv language
english language
declaration of title
idundun v okumagba
statement of claim
evidence of the dw4
illiterates protection act
lower court
supreme court
benue state
paras d-h
requirements of the law
statement of defence
title documents
case of the appellants
cross examination
government of benue state
para d
paras c-e.
paras e-f
accompanying statement of claim
acts of possession
amended appellants brief of argument
appellants case
appellants claims
appellants reply
close of the evidence
direct response
fundamental issue
judgment of the high court of justice
judgment of the trial court
matanmi v dada
para d-h
paras c-d
paras g-b
paras g-h
parcel of the vast land
part of the respondents
portion of the makurdi industrial layout land
principal state counsel
respect of issue
witnesses statements

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Justice, Benue State holden at Makurdi in Suit No. MHC/66/2006 delivered on February 15, 2012 by Igoche, J., wherein the Court dismissed the Appellants claims for declaration of title, injunction and damages over a portion of the Makurdi Industrial Layout land known as Phase 2; and found that the disputed land was part and parcel of the vast land acquired by the Respondents and duly compensated for.

The Appellants, on behalf of themselves and as representatives of the On-Mbaagwe Ningev Community, took out a Writ of summons against the Respondents, with an accompanying Statement of claim, principally seeking a declaration of title to the disputed land, damages and an injunction, amongst other reliefs. The Appellants case was basically that they owned the land and that it was never acquired by the Respondents, nor was compensation paid for it.

On the part of the Respon…

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