Cookie Policy
C. IDIGBE, J.S.C. (Delivering the Leading Judgment): The principal question raised in this appeal and which calls for the decision of this court is what exactly is the meaning and effect of an order (by an appellate court) for a trial de novo on subsequent proceedings pursuant to that order? In the High Court of the former Western (now Oyo) State holden at Oshogbo the respondents as plaintiffs claimed from the defendant (the appellant herein and another) the following reliefs:
"(1) Jointly and severally...a declaration of title to a piece of farmland situated at Wanikin Village at Aye in Ife Division:
(2) 150pounds being damages for the crops (on), and use of the said farmland...
(3) An injunction restricting the defendants and their agents from using ... the said land ... "
Pleadings were filed by the parties following an order of the High Court; and in paragraphs 8, 12, 13 and 14 of their statement of defence the defendants pleaded thus:
"(8) The first defendant avers that the farml…