ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the decision of the Customary Court of Appeal, Plateau State, Jos, wherein the Court set aside the judgment of the Upper Area Court 1 of Plateau State in Suit No. JUAC1/CV.48/1992, in favour of the Respondents (the Defendants at the trial Court and Appellants at the Court below). The Appellant (the Plaintiff at the trial Court and Respondent at the Court below) has now appealed to this Court.
At the trial Court, judgment was given in favour of the Appellant herein for the following relief:
An order restraining and cultivating the farm land by the Defendants.
That was the action he filed.
The story of the Appellant was that the Respondents trespassed unto his farmland. That, sometime ago, he had a matter on the same land with the Respondents uncle, one Gwom Pam and he got judgment. He was given a writ of possession by the same trial Court in respect of the land. The documents in respect…