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JOSEPH EYO EKANEM, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the Customary Court of Appeal Benue State, sitting at Makurdi, (the Lower Court) in Appeal No. CCA/M/3A/2005 delivered on 22/12/2006. In the judgment, the Lower Court dismissed the appeal of the appellants against the decision of the Grade 1 Area Court, Gboko (the trial Court for short) which found in favour of the respondents.
The facts of the case leading to this appeal are that the respondents (as plaintiffs) caused a writ of summons to be issued against the appellants (as defendants) at the trial Court for
(a) a declaration of title to portions of farmland lying and situate at Mbaav, Mbayion, and
(b) perpetual injunction restraining the appellants, their servants and agents from entering the said land.
Even though it is not a part of the record of appeal, it is stated in the judgment of the Court below that the appellants counter-claimed over the same piece of land.
The parties testified …