ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Customary Court of Appeal Lokoja, delivered on the 24th October 2013, which dismissed the appeal to it, from the Upper Area Court Okpo. It however varied the Order of the Upper Area Court, by setting aside the Order of forfeiture.
The respondent as plaintiff, instituted an action at the trial Upper Area Court Okpo, claiming -
1. Claim and declaration of title to the land and its economic trees lying and situate at Ejoka-Adeh Okpo, from the defendant.
2. Injunction restraining the defendant and his privies from the land.
The defendant, who is now the appellant, counter-claimed in respect of the land in the following -
(a) Claim of customary title to a piece of or parcel of land known as Ejoka land for both settlement and farming situate at Ejoka-Ade Olamaboro Local Government Council.
(b) An order of forfeiture and ejectment of the plaintiff, their privies, agents workmen from the l…