MUSDAPHER JSC (Delivering the Lead Judgment): In the Grade 1
Area Court of Sankara, Benue State of Nigeria, in suit No. SAC/17/95, the plaintiff claimed against the defendants jointly and severally as follows:
“(i) Declaration of title to the land;
(ii) An order of perpetual injunction restraining the defendants, their privies and/or agents from further trespass.”
It was claimed that the plaintiff was the owner of the land situate at Tse-Nyamkyume and that sometime in 1992, the defendants by use of force “entered and farmed on the plaintiff’s land without his consent.” In proof of his claims, the plaintiff testified during which exhibit ‘A’, minutes of traditional arbitration over the disputed land, was tendered and admitted in evidence without objection. The plaintiff also called a witness and closed his case. For the defence, the defendants testified and called one other witness. The trial court visited the disputed land where the boundaries were shown by the parties. After the addres…