CHIEF MIKE ALECHENU V. SYLVESTER OSHOKE

MUHAMMAD, JCA (Delivering the Lead Judgment): The respondent herein, was the plaintiff at the High Court of Justice, Benue State, holden at Otukpo (lower court) presided over by Honourable Justice E. Eko. The claim of the plaintiff against the appellants, as defendants, was for:- a declaration of title in respect of plot No. 18 Ahmadu Bello

Way, Otukpo with certificate of occupancy No. 80/A dated 11/5/78.

General damages of N10,000.00 aggravated trespass.

Perpetual injunction to restrain the defendant, his agents , servants or privies from further acts of trespass on the land in question. (d) Costs, in the discretion of the court.

The case of the plaintiff is that in May, 1978, he acquired the residential plot in dispute and was issued with certificate of occupancy No. 80/A by the Otukpo Local Government. The occupancy was renewable after five years. In January 1982, plaintiff applied for and obtained from Benue State Government a statutory right of occupancy No. BN 8674 dated 2nd June,…