ADAM OPUTA (ALSO KNOWN AS PUTA OKEYA) OF NDONI V. OKWEI EZEANI

BRETT, EJ.:-The action in which this appeal is brought, and which was tried as number W n3/1957 in the Warri Judicial Division of the High Court of the Western Region, turns on the title to a piece of agricultural land situate at Ndoni in the Aboh Division of Delta Province. The case for the respondent, who was the plaintiff in the High Court, is that the land has always belonged to her family; that when the appellant's father, Obi Oputa,

was made a chief by the government he obtained from her family a piece of land at Ndoni on which to build a residence, but continued to make use of his own farm land, some five miles away; and that later he, and the appellant after him trespassed on the agricultural land in question. The appellant claims that the land in question has always belonged to his family, and admits using it and putting tenants on it. On the evidence called before him the Judge found in favour of the respondent, and it has not been seriously argued that he was wrong, except …