FAGBEMI V. FAKOREDE & ORS

• Pages: 122-127

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

been unable to find anything in the pleadings by way of admission by the respond-

ents, or anything in the evidence at the trial including the admissible portions of

exhibit "R" (i.e. the claim and Judgment) which in any way assists the appellants in

this appeal. There is nothing to show from which village in Abor, Ubiekpo or

Umuavulu, (gala Oba and the 13 other complainants in 144/35 came, nor is there

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a plan in evidence to show the area to which the action related. I can find nothing

of such importance in this exhibit as to require the trial Judge to give it specific

mention in his Judgment. It does not carry the case one way or the other.

Finally, on the facts of the case no argument of any substance has been ad-

duced by the appellants' Counsel to move me to disagree with the findings of fact

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of the trial Judge who saw and heard the witnesses and I decline from so doing.

I might add in passing that when one looks at the plans in evidence one finds on

all of them the camp of the respondents' people - Ubiekpo's Camp, with several

buildings thereon on land adjoining the land in dispute as shown in exhibit "A".

The appellants' village is not shown on the plan at all and be it noted that on ex-

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hibit "A" the land in dispute, including the camp of the respondents' people, is

bounded on the East by the Akalama Ogbeyanu Stream, on the South by the Ekwu-

la River, on the West by the Milisiogba Stream, and on the North by the land of

Amankwu. No roads are shown on any of the Plans as leading to the appellants'

village from the land in dispute. It seems to me that when all this and the evidence

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of acts of ownership exercised by the respondents' people accepted by the trial

Judge are taken into account there could be no other conclusion than that reached

by the trial Judge.

The appeal must in my view fail and is dismissed with costs to the respondents

which I would assess at 25 guineas.

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Brett, F.J.:

I concur.

Coker, Ag. F.J.: I

concur.

Appeal dismissed.

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FAGBEMI V. FAKOREDE & ORS.

35

AMOO FAGBEMI

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APPELLANT

V

FADOKUN FAKOREDE & ORS

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RESPONDENTS

SUIT NO. FSC 222/1961

FEDERAL SUPREME COURT

BRETT,

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F.J.

BAIRAMIAN,

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F.J.

COKER,

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Ag. F.J.

25th March, 1963.

Land Law - Claim for declaration of title - Damages for trespass - Injunction

- Right of Head of Family to sue on behalf of family without leave of the

court.

Civil Procedure - Interpretation of order

7,

Rule 9, Western Region High Court

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(Civil Procedure) Rules - Injunction order granted against family, where party

sued only in personal capacity - Effect of

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