S. M. A. BELGORE, J.S.C (Delivering the Leading Judgment): The plaintiff sued the defendant (now appellant) at Ihugh Area Court of Benue State claiming a piece of land which the court visited in the course of hearing. The land as described at the locus in quo by plaintiff and accepted as the land in dispute by defendant is the one starting from ' ...Anchor stream by the 'Chiha' tree straight to the path leading to Ihugh and thence to ... 'Anachinda' stream and across it to Mtema stream that stands behind the new settlement being erected by the defendant." Therefore there was no dispute as to the identity of the disputed land. The plaintiff, now respondent, claimed that when he first saw the appellant on the land, he reported to their common kindred. The kindred, headed by Awarga Avenda (PW1) found in favour of the plaintiff and advised the defendant to desist from going into the land again. But some years later the defendant came back and entered into the land and the kindred interven…