YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Benue State sitting in Gboko, in its appellate jurisdiction and delivered by HON. JUSTICE E. N. KPOJIME and HON. JUSTICE S. J. OWIJI on the 21st November, 2008 wherein the decision of Upper Area Court which was given in favour of the Appellant was set aside and judgment entered in favour of the 1st Respondent. The Appellant dissatisfied with the decision and with the leave of the Court below, filed a Notice of Appeal dated 30th January, 2009 setting out 6 grounds of Appeal.
Facts leading to this appeal are straight forward and amenable to brief summary. The Appellant was the 1st Defendant before the Upper Area Court, Gboko, in a claim by the 1st Respondent for a declaration that he did not sell Plot No. 677 Gboko East to Apir Tyondo (who was initially the 1st Defendant before his death) but that the transaction was a pledge, that the sales agreement between the la…