CHIEF MOSES TSEKAR TAR & ORS V. MINISTRY OF COMMERCE AND INDUSTRIES & ORS

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Justice, Benue State holden at Makurdi in Suit No. MHC/66/2006 delivered on February 15, 2012 by Igoche, J., wherein the Court dismissed the Appellants claims for declaration of title, injunction and damages over a portion of the Makurdi Industrial Layout land known as Phase 2; and found that the disputed land was part and parcel of the vast land acquired by the Respondents and duly compensated for.

The Appellants, on behalf of themselves and as representatives of the On-Mbaagwe Ningev Community, took out a Writ of summons against the Respondents, with an accompanying Statement of claim, principally seeking a declaration of title to the disputed land, damages and an injunction, amongst other reliefs. The Appellants case was basically that they owned the land and that it was never acquired by the Respondents, nor was compensation paid for it.

On the part of the Respon…