OKOSUN AGBONKPOLOR V. PAUL EROMONSELE ADUBOR

AKAAHS, JCA (Delivering the Lead Judgment): The proceedings which gave rise to this appeal were commenced in the Agbazilo Area Customary Court, holden at Ubiaja. Initially, two suits Nos. UBACC/148T/89 and UBACC/189/89 between the same parties and on the same subject matter were filed. They were later consolidated by an order of court on 4/3/91.

The claim was for:-

(1) A declaration that the plaintiff is entitled to the customary right of occupancy to that piece and parcel of land being lying and situate at Okaigben Ewohimi within the jurisdiction of this court bounded on the East by Ayemene Megbemen land; on the West by Ekhai and Ehos land; on the North by Idumodu land and on the South by the boundary between Id-Ekhai and Ehos land.

(2) ₦3000.00 being special and general damages for trespass and malicious destruction of economic trees.

(3) Perpetual injunction restraining the defendant, his servants, agents and/or privies from entering the said or parcel of land or cutting down crops …