KPIISHI KUUSU V. VANGER UDOM

A. NNAMANI, J.S.C.:-(Delivering the Leading Judgment):In this suit which started in the Grade II Area Court of Ameradu, Benue State, the respondent/plaintiff claimed against the defendant/appellant for title to a piece of farm land at Ubwage. The Area court after hearing the parties and their witnesses preferred the case of the plaintiff and entered judgment in his favour on 23rd October, 1981. The defendant appealed to the High Court of Benue State sitting at Gboko which in exercise of its appellate jurisdiction, allowed his appeal and entered judgment in his favour. This was on 18th March, 1983. The battle between the parties was far from over for the respondent herein appealed against the High Court judgment to the Court of Appeal, Jos Judicial Division. That court (coram: Agbaje, J.C.A. as he then was, Jacks and W.T. Macaulay, JJ.CA.) on 3rd February, 1986 allowed the appeal, set aside the judgment of the High Court and entered judgment in favor of the plaintiff (respondent herein…