This is an appeal against the judgment of the Court of Appeal, Makurdi Judicial Division.
The appellants by Writ of Summons and Statement of Claim instituted the action before the High Court of Benue State claiming for declaration of title to land among other claims.
On her part, the 1st respondent counter-claimed for trespass and perpetual injunction. At the conclusion of the hearing, the trial Court dismissed the appellants’ case and granted the counter-claim of the 1st respondent. The appellants’ case on appeal was also dismissed and the judgment of the trial Court was affirmed. Dissatisfied, the appellants appealed to the Supreme Court. The Respondent at the Supreme Court raised a Preliminary objection challenging the competence of the appeal.