E. O. OGWUEGBU, J.S.C (Delivering the Leading Judgment): The appellant was the plaintiff in the Senior District Court of Plateau State holden at Shendam. He claimed against the defendant who is the respondent herein, the sum of N5,000.00 being special and general damages for trespass. His claim was dismissed by the Senior District Judge and he appealed to the High Court of Plateau State. The High Court sitting in its appellate jurisdiction dismissed the appeal. His appeal to the Court of Appeal, Jos Division, was also dismissed by that court and he has further appealed to this court.
The facts leading to the proceedings can be summarised as follows:
Both the plaintiff and the defendant are farmers residing at Kwande District ofShendam Local Government Area of Plateau State. The plaintiff in his statement of claim averred that he is the holder of Shendam Local Government Certificate of Occupancy in respect of over 573.8 hectares of farm land at Kwali-Gida village dated 6th March, 1985.…