TYONGI V. AGBER & ANOR

MUSLIM SULE HASSAN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Benue State High Court sitting at Makurdi delivered by Hon. Justice E. N. Kpojime in Suit No. MHC/194/2005, on the 15th day of October, 2010, wherein the trial Court dismissed the Plaintiff’s claims for title to Right of occupancy No. BNC 984, and awarded same to the 2nd Respondent. 

The Appellant was the Plaintiff, while the Respondents were the Defendants at the trial Court. The Appellant being aggrieved with the decision of the trial Court had appealed against same to this Court vide his Notice of Appeal dated 10th day of January, 2011 and filed on the 11th of January, 2011. The Notice of Appeal which challenged the decision of the trial Court on four grounds is found at pages 389-391 of the Record. 

The Record of Appeal was compiled and transmitted to this Court on the 7th of February, 2014, but deemed proper before this Court on the 7th of February, 2022. The Appellant’s brie…