ABUBAKAR BABANDI GUMEL, J.C.A: (Delivering the Leading Judgment): This is an appeal against the judgment of the Benue State High Court, Makurdi Division delivered on 9th July, 2004 in Suit No. MHC/146/2000. The Appellant was the Plaintiff at the Lower Court and in a statement of claim dated 21/06/2000 but filed on 26/6/2000 she prayed and sought for a declaratory and injunctive reliefs. She also claimed for monetary compensation by way of general and special damages. The reliefs are in the following terms:-
a. A declaration that Plaintiff is the rightful owner of plot No. BNC 2749 lying and situated at Yina layout Logo No. 1 Makurdi.
b. An order of perpetual injunction restraining the defendant, his agents, assigns, successors in-title and whomsoever claiming through him from further trespassing on the Plaintiff's land; and
c. Special and general damages in the sum of N500,000.
The relevant particulars of special damages were also endorsed on the statement of claim.
The Respondent, as…