MUSA IYAJI V. SULE EYIGEBE

OPUTA, J.S.C. (Delivering the Leading Judgment): On the 15th February, 1980 the High Court of Benue State ordered a retrial of Suit No. ID/52A/79 (Ex. D16) on the ground that there were "substantial irregularities" in the way the evidence of the P.W.3 (a very material witness) was given. The Benue State High Court further held that "the irregularities are material and led to a miscarriage of justice. This appeal is therefore allowed and the decision of the trial Court is set aside. We order a retrial before the Area Court Grade II Ajaka".

The Area Court Grade II Ajaka complied with the above order and on the 25th day of August, 1980 started the retrial of the case between Sule Eyigebe of Ajaka as Plaintiff and Musa lyaji of Otobo as Defendant. This was in Civil Case No. 129/80. The claim before the Court in that Suit (No. 129/80) was:-

"Seeking Court redress to refrain (sic restrain) the deft from his farming and harvesting economic trees at Ajaka".

The Grade II Area Court heard evid…