CHIEF RUFUS OMOTOSHO & ANOR. V. IFE NORTH LOCAL GOVERNMENT

THOMAS JCA (Delivering the Lead Judgment): The appeal is against the decision of High Court of Justice, Osun State, delivered on 15 June 2004 by G. E. Oladoke (J) in which the plaintiffs but now appellants’ claim was dismissed. Being dissatisfied with the decision, the appellants filed within time, their notice of appeal containing seven (7) grounds from which they have raised 2 issues for determination. They read thus:

“1. Whether the court was right in dismissing plaintiffs’ claim when faced with the unchallenged evidence of the plaintiffs as the case was solely based on trespass, and possession has not been proved satisfactorily by the plaintiffs as to entitle them to have judgment.

2. Whether the court was right in holding that the plaintiffs had to prove all the five points listed in the case of Idundun v. Okumagba (1976) 9 - 10 SC 227 when in law such points are not cumulative and in any event, the claim is basically and essentially was trespass when possession had been prov…