SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of Douglas J., delivered on the 15th of October, 1973 at the Port Harcourt High Court in the Rivers State. The claim before that court is for "a declaration of title to a piece of land known and called Onuoto of about 482.8 acres in the Kolo Creek between Otuasega and Imiringi villages in Ogbia in Brass Division".
For reasons best known to him, the learned trial Judge, after hearing the case and the address by counsel, non-suited plaintiffs' claim, without giving an opportunity to the counsel of either party to address him on the propriety of ordering a non-suit.
The learned trial Judge in his judgment stated as follows:
"The plaintiffs' case is based on three main matters namely, Traditional evidence of ownership; acts of possession and Exhibit 1 (the 1942 Native Court Suit) being judgment over certain portions of land on the land in dispute. I shall now deal with these matters."
After examinin…