S. A. AKINTAN, J.S.C. (Delivering the Leading Judgment): The appellants were the plaintiffs in this case which was filed at the Warri Area Customary Court while the respondents were the defendants. The plaintiffs' claim before the court as amended was: (1) for N2000 damages for trespass committed by the 1st defendant when he entered the plaintiffs' bush between August and September, 1992 at Uba Majebi Ogbosanine in Warri Local Government Area where he fell timber trees without the consent and authority of the plaintiffs; (2) Declaration that the plaintiffs were entitled to the customary right of the land in dispute; and (3) Forfeiture of the customary tenancy granted to the defendants in all the fishing camps situated in the plaintiffs land.
At the trial which commenced in the court, the 1st plaintiff and two other witnesses had given evidence and they were duly cross-examined by learned counsel for the defence. Thereafter the case had to be adjourned on a number of times at the inst…