ALHAJI J.A. ODUTOLA V. INSPECTOR KAYODE

UWAIS, J.S.C. (Delivering the Leading Judgment): The appellant herein was the plaintiff in the High Court of former Oyo State holden at Ibadan, where he brought an action against the respondent as defendant, claiming general damages for trespass and injunction to restrain the defendant, his agents, servants or assigns from continuing to commit trespass on the land in dispute. The suit was dismissed by the learned trial Judge -Ademakinwa J. The plaintiff appealed from that decision to the Court of Appeal.

In the Court of Appeal, the plaintiff filed his brief of argument but it seems from the record of appeal that the defendants did not. The facts of what transpired in the Court of Appeal may be narrated as follows: On 25th September, 1984, the appeal came up for hearing. The defendant's counsel was present but the plaintiff was absent as he was not served with the hearing notice of the appeal. Consequently, the appeal was adjourned to the 5th December, 1984. However, the case was not b…