SOLOMON ORU & ANOR V. FELIX AMARABE

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellants who were the respondents at the Court below.

The Respondent was the Plaintiff who initiated an action at the Customary Court of Ideato North L.G.A which sat at Ndiawa Arondizuogu.

The claim of the plaintiff at the Court of first instance was as follows:

1. Declaration that the plaintiff is entitled to the right of occupancy of the lands in dispute.

2. N2,000.00 (Two thousand Naira) general damages.

3. Perpetual injunction restraining the defendants by themselves, their servants, agents and privies from further entering into the land in dispute contrary to the interest of the plaintiff.

After hearing the parties, the Court of first instance found that the plaintiff did not prove his case and therefore refused to grant the plaintiffs claim. Dissatisfied with the decision, the plaintiff appealed to the Lower Court. The Lower Court heard the parties and gave j…