GEORGE IKELI & ANOR V. TERUNGWA AGBER

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal is an offshoot of the appellate decision of the High Court of Benue State, coram, E. N. Kpojime and W. I. Kpochi, JJ., in Appeal No. GHC/12A/2009, delivered on 20/04/2011, wherein it allowed the respondent's appeal. The appellants and the respondent herein were the respondents and the appellant before the lower Court.

The facts of the case, which transformed into the appeal, are brief. The respondent, the biological son of the second appellant, as a plaintiff, sued the appellants before the Upper Area Court I, Gboko, presided over by M. Odinya, Esq., for a declaration of title and injunction over a plot of land lying and being at No.23 Brigadier Ikya Street, GRA, Gboko, Benue State. The respondent claimed that his mother, Mbaorun Agber, who purchased the land from Iorliam Jibiri, transferred it to him. The first appellant filed a counter-claim and claimed for ejection of the respondent and injunction in res…