BENJAMIN I. ADAMU V. A.-G., NASARAWA STATE & ORS.

NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice John A. Viko of the High Court of Justice, Keffi, Nasarawa State delivered on the 17th day of February 2005 in suit No. NSD/K47/2002.

The appellant being dissatisfied with the same ruling appealed to this court on the 1st day of March 2005.

The issue articulated for determination is as follows:

Whether or not the learned trial Judge is right, putting into consideration the claims of the plaintiff before the trial court in making pronouncement in his ruling of 17/2/2005 to the effect that the plaintiff "is not in legal possession of the land" which is the subject matter of the suit, and that "the plaintiff has been allocated another land which he has accepted and not complained" in an interlocutory application for injunction when no evidence has been led at all in the substantive suit.

The appellant filed his brief of argument on the 13th day of October 2005. The respondent fail…