A. G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This appeal has brought into focus once again the anxieties in the often discussed question of the circumstances enabling an appellate court to set aside the exercise of the discretion by the trial judge to order a non-suit in an action.
On the 23rd August, 1976. Plaintiffs issued a writ of summons claiming from the Defendants (a) A Declaration of title in accordance with Urhobo Customary law to all that piece and parcel of land, lying situate and being at Agbarho within the jurisdiction of the Court, the dimensions of which will be edged/shown on a plan to be filed after pleadings ordered. Annual value of the land is N10 (ten naira). (b) The sum of N 1,000 (One Thousand naira) being damages for trespass committed by the defendants on the said piece/parcel of land. (c) Injunction restraining the defendants their servants/agents from further entering the said piece/parcel of land or in any way whatsoever dealing in or tampe…