This is an appeal against the judgment delivered on 16/2/2005 by the High Court of Kogi State (coram - Hon. Justice S.K. Otta and Hon. Justice T.S. Yakubu) sitting in its appellate capacity. The said High Court will hereinafter simply be referred to as "the lower court".

The plaintiff (now appellant) instituted the instant action against three (3) defendants before the Upper Area Court No.1, Lokoja (which will hereinafter simply be referred to as the trial court claiming the following: -

The facts upon which the plaintiff (who will hereinafter be simply referred to as "the appellant) relied upon in support of the claims stated above are that he is the customary owner of a large piece of land called Sanmi land, situate at Tsanku in Kupa District of Kogi Local Government Area, Kogi State. The appellant claimed to have inherited the said Sanmi land from his parents and that he had been in peaceful occupation of the same until recently when the first of the defendants he sued trespassed thereon; and challenged his (i.e. appellant's) title thereto. In this regard the appellant said that the first of the defendants he sued claimed to have got the land from the second of the defendants he sued and who is a native of Gogban village. The appellant further said that the third of the defendants he sued is a relation of the first of the defendants. This defendant the appellant further said was allowed by his father to farm on part of the land in dispute about 10 years previous. That the said defendant had always paid tributes but stopped doing this immediately his (i.e. appellant's) father died and has remained on the land unlawfully. It is the case of the appellant that the unlawful entry by the defendants on Sanmi farmland has deprived him of the use of his land and has occasioned him damages. The defendants/ respondents all denied the appellant's claims before the trial court.

The trial court, having had the benefit of the evidence adduced by the parties and their respective witnesses and having also visited the locus in quo entered judgment in favour of the plaintiff/appellant on 20/6/2003. The defendants being aggrieved with the judgment of the trial court appealed against the same to the lower court and the lower court in its judgment delivered on 16/2/2005 allowed the defendants' appeal. The declaration and orders on damages made by the trial court were set aside and a verdict dismissing the appellant' case was entered. The plaintiff/appellant being dissatisfied with the judgment of the lower court sought for and obtained the leave of the said court on 16/3/2005 to appeal against the same to this court. The lower court in granting leave to the appellant also struck out the name of the 2nd respondent - Nna Adamu Gogban as the said court was informed that the party died since the inception of the suit. The plaintiff/appellant subsequently filed on 23/3/2005 a notice of appeal dated 18/3/2005 against the respondents now on record.