The applications for leave to appeal by the three appellants from the judgment of Nkemena, Ag. Judge dated the 12th of June, 1964, in the High Court at Port Harcourt, on question of fact were refused on the 24th of September, 1964, as the facts of the case were quite clear and fully justified the conviction of the appellants of the offences charged; in the case of the third appellant, Arua Eme, his complaint that the learned trial judge erred in law by refusing him the right to call his defence witnesses to corroborate his statement, raised a point of law and his appeal on this point was adjourned for a full court.

The record of the proceedings at the trial does not show, as it does in the case of the other accused persons, that the appellant Arua Eme, who was the second accused, and who was not defended by counsel, was asked If he had any witnesses to examine as required by section 287(1) (a) of the Criminal Procedure Act (Cap. 43).

As the effect of the failure by a trial court to comply with this provision of the Criminal Procedure Act is a matter of importance on which there have been conflicting views and decisions, Mr J. A. Cole, of Counsel, was assigned to the appellant and the point was fully

The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to: