MONICA BOLNAAN DONGBAN-MENSEM, J.C.A.(Delivering the Leading Judgment): This appeal challenges the decision of the High Court of Ogun State holden at Otta delivered by Hon. Justice A.A. Babawale on the 20th of May, 2011.
It was the Respondent as Claimant, who took out a Writ for trespass and possession against the Appellants as Defendants.
The brief facts of the appeal are that, at the trial Court the parties both laid claim to a piece of land via customary inheritance as descendants of a common ancestor of the Ilupewo Abe family. The trial Court found the evidence of the Defendant more believable and gave Judgment in his favour. The Claimants are dissatisfied with this decision and has filed this appeal. The parties should be referred to simply as the Appellants and Respondent.
The Appellants raised the following issues for determination:
1. Whether it was appropriate for the learned trial Judge not to have evaluated all material evidence led by the parties before the trial Court and mak…