ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Benue State High Court Coram E.N. Kpojime, J. delivered on February 9, 2017 in Suit No MHC/13/2015 in favour of the 1st Respondent, against the Appellant, wherein the Appellant was ordered to vacate and deliver up vacant possession of the plot of land in dispute to the 1st Respondent.
The facts leading to this appeal as revealed by the parties are as follows: Sometime in July, 2013, the 1st Respondent purchased a plot of land known as number BN 5494 with beacon numbers MKA 5510, MKA 5511, MKE 7990 and MKE 8000 and situate opposite Government Model School, Old Otukpo Road, Makurdi in the Makurdi Urban Area from the 2nd Respondent. The plot was originally allocated to the 2nd Respondent upon her application in 1982 and a Certificate of Occupancy number BN 5494 dated 5/10/2008 was granted to her by the 3rd Respondent. All efforts by the 1st Respondent to take possession of the plot…