CORAM

MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT

C.E.NWOSU-IHEME JCA

UDOMA

PARTIES

M.O. THOMAS LANIYAN

ALPHEUS DADEOWOESRON OTEJEEBENEZER DADEOWO RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

SUMMARY OF FACTS
The plaintiff, M.O. Thomas Laniyan claims against the defendants damages for acts of trespass (uprooting and destruction of cocoa trees following a claim of title by them) to the Plaintiff’s land and an injunction restraining the defendants and their agents/ servants from further acts of trespass on the Plaintiff’s land.

HELD

The Court held that the learned judge on appeal had made no determination on the other issues, aside jurisdiction, raised before him on appeal. An order for rehearing of the appeal by another judge de novo was therefore made.

ISSUES

Whether the learned trial judge was right in not determining the several issues of fact and of law canvassed before him and to hold that the Customary Court had no jurisdiction to hear and determine the present case on the basis of the plaintiff’s claim being based on a Deed of Conveyance.

RATIONES DECIDENDI

CASES CITED

None

STATUTES REFERRED TO

Customary Courts Law Cap. 31 (Laws of Western Nigeria 1959)|

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