SIDIKU KASADUKU V. AKANBI ATOLAGBE

G. B. A. COKER, J.S.C (Delivering the Leading Judgment): The case is concerned with an alleged trespass by the defendant into the land of the plaintiff. The trial court had held that the defendant was in trespass but the High Court on appeal held that the judgment was not based on a proper consideration, let alone, appraisal of the evidence before the court. The plaintiff's case assumed that his ancestor as the owner of the radical title, had granted the land in dispute to one Sarkin Dongari whose duty it was to look after the captives who were settled on the land. Thus the plaintiff in order to succeed must give satisfactory explanation of the actual possession of the defendant and his progenitors. In fact, there was no such satisfactory explanation and the court of trial, i.e., the Upper Area Court of Ilorin, nowhere expressed a considered view on the evidence actually given in the case.

On the other hand, the High Court analysed the entire evidence as it was entitled to do, and cam…