VICTOR OKAFOR V. MR. LUBEM TERSOO SAAKURA & ANOR
(2018) JELR 39407 (CA)
Court of Appeal
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CA/MK/69/2014
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17 Apr 2018
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Nigeria
Coram
JUMMAI HANNATU SANKEY JCA;
ONYEKACHI AJA OTISI JCA;
JOSEPH EYO EKANEM JCA;
Appearances
A. O. Aruta. Esq. with him, D.A. Awuru, Esq. For Appellant
J.B Ifer, Esq. with him, C.D Duru, Esq. and G.U. Oguekemma, Esq. For Respondent
Judgement
<p>ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal has emanated from the judgment of the High Court of Benue State sitting at Makurdi delivered on December 2, 2013 in Suit No MHC/227/2011 by J. M. Ijojor, J. in which the lower Court declared the Respondents as the legitimate owners of the parcel of land, covered by Certificate of Occupancy No. BNA3637 situate at Makurdi.</p><p>The facts leading to this appeal as presented by the Appellant are as follows: The Appellant applied to Benue State Ministry of Lands and Survey Makurdi for the allocation of a plot of land in 1979. After following due process for allocation, he was granted the Right of Occupancy over the land in dispute and subsequently the Certificate of Occupancy was granted. An officer of the Ministry of Lands took him to the land in dispute, showed him the size and extent of the plot and planted beacons thereon in the presence of the Appellant. Within two weeks from that time, the Appellant planted two stanโฆ</p>