CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): The appellant [plaintiff as he then was] took out an action at the Customary Court sitting at Emure, Ekiti [hereinafter referred to as the court of first instance] against the respondents herein [defendants as they then were]. He made monetary claims against them, jointly and severally, being general and special damages for trespass committed on his farm without his consent.
The court of first instance sat in a collegiate panel of three Judges, viz., the President and two members. The case went to hearing with the full panel. This full panel continued with the hearing of the matter until it was adjourned for further hearing to a later date. However, commencing from January 1, 2000 till the final determination of the case, one of the members no longer took part in the proceedings. In its judgment delivered on December 12, 2000, the court [left with only two members] found for the plaintiff [now appellant].
Sequel to this dev…