TOM SHAIBU YAKUBU, J.C.A. (Delivering the Lead Ruling): This is an interlocutory appeal from the decision of the Edo State Customary Court of Appeal holden at Benin City on 6th April, 2009.
The appellant was the plaintiff at the District Customary Court, Urhonigbe in Suit No. UR/DCC/18/2002. He claimed the sum of N50,000.00 (Fifty Thousand Naira) only being the cost of damages to his palm trees and trespass into his land situate at Isi-emango/Isiyin Okhanuwa in Okaligban farmland Urhonigbe. The suit was transferred to the Orhionmwon Area Customary Court, holden at Abudu, which granted the claim of the appellant.
The respondents who were the defendants at the trial Orhionwon Area Customary Court, Abudu, not being satisfied with the judgment against them appealed to the Edo State Customary Court of Appeal, holden at Benin City, vide the appeal No. CCA/7A/2007. Their appeal was anchored on three grounds, to wit:
"GROUND 1
The learned trial President and members of the Orhionmwon Area Cus…