AJAO & ORS v.ADIGUN

BELGORE, J.S.C. (Delivering the Leading Judgment): The appellants were plaintiffs before the High Court of Oyo State sitting at Ogbomosho and claimed against the respondent as defendant, damages for trespass to a piece of land at Ajeja (Adeja) Otafa, Ogbomosho and perpetual injunction to prevent further trespass on the same land by respondent. The appellants were suing on behalf of themselves and Alasa family. At the end of all evidence after the pleadings by the parties, trial Judge dismissed the appellants' case holding that they failed to prove their case. An appeal was thereupon lodged before Court of Appeal Ibadan Branch, which in a considered judgment allowed the appeal in part by holding that trial Judge erred in rejecting in evidence a document, marked "Exhibit A Rejected", being a document setting out the holdings of each party after a previous case between the other parties on adjoining land. The document seems to explain the portion of a wider land perhaps including part or…