YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering The Leading Judgment): This Appeal is against the decision of the High Court of Justice, Benue State sitting in Makurdi delivered by HON. JUSTICE E. N. KPOJIME on the 30th May, 2014 wherein the lower Court dismissed the case of the Appellant on the grounds that he failed to prove his case and struck out the counterclaim of the Respondent. The Appellant, dissatisfied with the judgment, filed a Notice of Appeal dated 10th July, 2014 setting out 8 grounds of Appeal.
Facts leading to this appeal are straight forward and amenable to brief summary. I shall do so shortly. The Appellant bought a property known as Plot No. 1666 at No. 28 Inikpi Street, High Level, Makurdi from one Terese Mbapuun by a deed of conveyance dated 1st August, 2006. The assignor was given the property as a gift from his father in his life time before the father died intestate and the assignor later extended the Letter of Administration to include the property sold to the App…