IFEYINWA CECILIA NZEAKO, J.C.A. (Delivering the Leading Judgment): This appeal arose out of a claim instituted at the Area Court, Katsina-Ala, Benue State by the plaintiff, who is the respondent in this appeal, and another. They instituted the action against the defendants, the appellants herein and others. The claim was for a declaration of title to a piece of farmland lying and situate at Gaambe Mbacher in Katsina-Ala Local Government Area (LGA) of Benue State of Nigeria. The defendants who denied the claim, also had a counter-claim.
The Area Court heard the parties and their witnesses, visited the land in dispute and later gave judgment in favour of the plaintiff.
Dissatisfied, the defendants appealed to the High Court of Justice, Katsina-Ala Benue State, sitting in its appellate jurisdiction, coram, Utasaha, J. and Eko, J. The High Court heard argument of counsel for both parties and dismissed the appeal, affirming the judgment of the Area Court. Again dissatisfied, the defendan…