A. I. KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The plaintiffs sued the defendants before an Ikeja High Court claiming a declaration of right of occupancy in respect of a parcel of land, damages for trespass and injunction. In the course of the trial the plaintiff sought to tender a survey plan of the disputed piece of land. Learned counsel for the defendants objected on the ground that the witness through whom it was sought to be tendered was not the maker. The learned trial Judge in his ruling refused to admit the plan which was then marked "X" rejected.
The plaintiffs appealed against this refusal by a notice of appeal dated 31 May, 1990. The Court of Appeal allowed the appeal of the plaintiffs. But in doing so the lower court proceeded to set aside the judgment of the learned trial Judge delivered on 1 June, 1990 whereby the plaintiffs case was dismissed for refusing to proceed with the case when called upon repeatedly to do so by the learned trial Judge.
In order to…