MOSES IWAMBE V. MADAM AYAMO SWANDE

MUKHTAR, JCA (Delivering the Lead Judgment): The appellant sued A the respondent over plot No. 597 situate and lying at Zaki Biam, covered by certificate of occupancy No. 10477 issued by Katsina-Ala Local Government Council, in the High Court of Benue State, sitting at Katsina- Ala. One Yahemba Atonko took care of the plot when the appellant was transferred to Vandeikya from Katsina-Ala. In 1973, the appellant became aware that the respondent was occupying the plot on a temporary basis , and when she was requested to vacate it, she refused. The appellant thus instituted this action and sought the following reliefs:-

Declaration of title over the said plot.

An order directing the defendant to quit and deliver possession.

The case of the respondent is that she bought the plot in 1970, and prior to the time of purchase, she was in physical possession and occupation of same and has been paying annual rent to the Katsina-Ala Local Government Authority.

Witnesses gave evidence and counsel add…