EDOZIE, JCA (Delivering the Lead Judgment): Proceedings culminating A in this appeal were commenced in suit No. CA/80/82 filed in the District Court of Atan Onoyom wherein the respondent and 1st appellant were respectively plaintiff and defendant and will henceforth be referred to by that description. In the aforesaid suit, the plaintiff’s claim against the defendant was ‘for defendant to pay N100,000 damages for the plaintiff’s late father’s land which he trespassed without authority from the plaintiff”. After due trial, the District Court on 22/4/84 by a majority of 2 to 1 gave judgment in favour of the plaintiff.
Against that judgment, the defendant lodged an appeal to the Chief Magistrate’s court, Akamkpa. Thereupon, the plaintiff by her counsel raised a preliminary objection as to the competence of the appeal on the groundthat the appeal was not lodged within the prescribed period. In his ruling dated 8/5/87 the Chief Magistrate, Mr. R. I. E. Odu, as he then was, upheld the obje…