(2007) JELR 45728 (CA)    

Court of Appeal  ·  CA/I/159/02 ·  10 Dec 2007 ·  Nigeria
MUSA DATTUO MUHAMMAD Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
evidence of the boundary men
learned trial judge
1st defendant
learned counsel
5th defendant
boundary men
exclusive title
lead judgment
lower court
present case
evidence of boundary men
pieces of evidence
claims of the plaintiffs
judgment of the trial court
totality of the evidence
aladorin farm
cocoa seeds of the plaintiffs
dansie see sanusi v
descendants of osuntoyinbo
descendants of salako
family meeting
family members
farm products
first mogaji
judgment of the high court
learned trial judge ought
leave of court
members of aladorin family of aladorin compound
own land
parts of the family land
plaintiffs claims
possession of the plaintiffs
said farm land
traditional evidence
traditional histories
traditional history of grant

CHIDI NWAOMA UWA, J.C.A. (Delivering the lead Judgment): This is an appeal from the judgment of the High Court, Ibadan, delivered on 19th July 1979, in which the claims of the plaintiffs were refused by the learned trial Judge, Hon. Justice K. Ibidapo Obe.

"The Plaintiffs claims against the defendant is for the sum of N1,000.00 being special and general damages for the trespass committed by the defendants during the month of October 1975 when the defendants during the month of October 1975 when the defendants and/or their agents entered the farmland in possession of the plaintiffs at Podo Area (a plan of which will be filed later) and the 5th defendant/his agents or servant thereby plucked the cocoa seeds of the plaintiffs and carried them away.

Injunction restraining the defendants, their agents or anyone claiming through them from committing any further acts of trespass on the said farm land and in plaintiffs' possession."

In that court, pleadings were ordered and exchanged and the …

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