The Appellant, as Plaintiff in the High Court of Benue State before Ogbole, J., claimed that the Respondent as Defendant trespassed into his piece of land. In consequence, he sought a declaration (declaratory) judgment that Respondent as Defendant trespassed into his piece of land along David Mark Bye Pass, Makurdi. He in addition claimed aggravated damages and perpetual injunction restraining the Respondent, his servants or agents from entering upon the said property or doing any other acts thereon incompatible and inconsistent with the Respondent's title and ownership of the said property. The Defendant for his part, filed a counterclaim in his amended statement of defence with one relief that he is a deemed holder of a certificate of occupancy in respect of the land in dispute.

Pleadings were exchanged and witnesses were called by the two parties at the hearing in the High Court.

In his judgment, the learned trial Judge dismissed the Respondent's counterclaim and awarded title to the Appellant with N15,000 damages and perpetual injunction restraining the Respondent, his servants or agents from entering upon the said property. Dissatisfied with the decision of the trial Court, the Respondent appealed to the Court of Appeal, Jos, which found as a fact that as far as the issuance of the Certificate of Occupancy No. BNA 5131 was concerned, it was not made in error but that it was genuinely made. Yet it went on to hold that there was no evidence before the trial Court proving the location of the land in issue in order to arrive at a decision that falls within the area designated as Urban under the 1984 Order and therefore failed to prove his case. In the main, the judgment of Ogbole J., in suit No. MHC/219/94, dated 28/6/99 was set aside on 14/5/2002 and an injunction restraining the Respondent/Appellant from entering the piece of land with N5,000 costs against the Respondent/Appellant adding that the Certificate of Occupancy No. BNA 5131 issued to the Appellant was invalid

The Appellant being dissatisfied with the judgment of the Court of Appeal has now appealed to this Court upon four (4) grounds as in the notice of appeal dated 15/7/2002 and filed on 16/7/2002 as herein before stated.