AMAIZU, JCA, (Delivering the Lead Judgment): This is an appeal against the judgment of Justice O. Ajayi of the High Court of Justice, Kwara State of Nigeria, sitting at the Ilorin Division, in Suit No. KWS/69/99. The judgment was delivered on the 27th day of June, 2000. In the said judgment , the learned trial Judge granted the plaintiff now the respondent all the reliefs he claimed against the defendant, now the appellant.
Briefly, the facts of the case are as follows -
The appellant is the village head, otherwise known as the Baale of Dugbe-Osin Community. Some time in 1997, the Kwara State Government through the Ministry of Water Resources and Rural Development released some electrical materials to Dugbe-Osin Community. The community entrusted the custody of the materials to the appellant.
It is the case of the respondent that when the Community wanted to instal the electrical materials, the appellant refused to release them to the Community. The Community had to complain to the Min…