AHEMBE ACHO V. IORYINA UKAGYE
(2013) JELR 35660 (CA)
Court of Appeal
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CA/J/159/2002
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5 Jun 2013
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Nigeria
Coram
JA'AFARU MIKA'ILU JCA;
SAMUEL C. OSEJI JCA;
MOHAMMED A. DANJUMA JCA;
Appearances
P. A. MBAHON, ESQ. For Appellant
S. A. NGAVAN, ESQ. WITH E.N. AKOR-IKPAM (MRS.) AND E. K. CHIA, ESQ. For Respondent
Judgement
<p>MOHAMMED A. DANJUMA J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Benue State sitting in its appellate capacity at Vandeikya. The Judgment is contained in Suit No. VHC/2A/2000 and was delivered on 22nd March 2002 and is contained on pages 42-50 of the Record of Appeal. </p><p> Before I proceed, it is imperative to state that the Appellant had sued the Respondent before the trial Area Court Grade II, Korinya claiming a declaration of title and perpetual injunction restraining further trespass to a piece of farmland, situate at Mbamondu, Mbakule (see page 1 of the record. The Respondent counter claimed title to the same piece of land which he claimed was situate at Mbager, Magile (page 2 of record).</p><p> The trial Area court heard evidence and visited the land and decreed title in favour of the Appellant and dismissed the counter claim as not proved.</p><p> The evidence of the parties is at pages 7 - 21 while the notes of the inspection at …</p>