(1990) JELR 58875 (CA)    
Court of Appeal  ·  SUIT NO. CA/L/83/89 ·  4 Dec 1990 ·  Nigeria
Other Citations
(1991) NWLR (Pt.165) 53, 3PLR/1990/5 (CA)
ADENEKAN ADEMOLA, J.C.A. (Presided) UMARU ATU KALGO, J.C.A. NIKI TOBI, J.C.A. (Read the Leading Judgment)
Core Terms Beta
learned trial judge
trial judge
supreme court
family land
yoruba native law
members of madarikan family of idimu village
pleadings stage
terms of available facts
approach of the learned trial judge
statement of claim
reasonable anticipation of the party
trial courts
leading judgment
findings of the learned trial judge
traditional evidence
facts of the case
said paragraphs
amended statement of claim
senior advocate
affidavit evidence
joint ownership
kumoko family
original plead
trial court
wrong inferences
above issues
amended reply
common ancestors
compensation matter
courts of law
error of the learned trial judge
fault of the party
first amended statement of defence
following reliefs
form amendment takes
joint ownership of the land
learned trial judge din
nature of our adjectival law
onigbeyin family land
original father
property of the family
respect of an issue
respect of damage
rights of the plaintiffs

TOBI, J.C.A. (Delivering the Leading Judgment): On 22nd December, 1976, the Supreme Court gave judgment in a compensation matter involving damage to land. That was in suit No.SC.398/75. National Electric Power Authority (NEPA) were the defendants/appellants. Mudasiru Amusa and Ayinde Amodu were the plaintiffs/respondents. They instituted the action for themselves and on behalf of all other members of Madarikan Family of Idimu village in Lagos State. It was a family land. Damage was done to the land. This was as a result of the planting of NEPA pillars for their power lines. The pillars did the damage. The plaintiffs/respondents in that suit, sued. The Supreme Court gave them judgment. The court awarded them N95,000 as compensation. Fatayi-Williams, J.S.C. (as he then was) read the lead judgment.

That 1976 judgment generated this action. There was some money. The plaintiffs/appellants saw in the award ‘community’ money. And this to them, covered and extended to the Kumoko Family. To the…

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