“I do not accept the contention of Defendants that a custom exists which imposes an obligation on the owner of farm to fence his farm whilst the owner of cattle allows his cattle to wander like pests and cause damage. Such a custom if it exists, is unreasonable and I hold that it is repugnant to natural justice, equity and good conscience and therefore unenforceable…in that it is highly unreasonable to impose the burden of fencing a farm on the farmer without the corresponding obligation on the cattle owner to fence in his cattle.”
Hon.Justice Adewale Thompson’s 1969 Judgment on Open Cattle Grazing – Suit no AB/26/66.*
Hon.Justice Adewale Thompson: 17th April,1969.
Suit no AB/26/66 at Abeokuta Division of the High Court.
[Thanks, Uncle, for bringing this to my notice. Tola]
SATURDAY, APRIL 7, 2018. 1:43 P.M. [GMT]
April 13, 2018 at 4:28 pm
Emotan77: good answer. In this world of technological advancement, and in a world where my country Nigeria not only consumes but have people with technical al knowhow, it will be good for one to check for, not only parties to the case, but also most of the content of the submissions by Counsels and more.
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April 14, 2018 at 10:31 am
Great, Mr. Musa! The idea behind the posting are multiple:
1. The cattle people have been at the rampaging, murderous present behavior for a long time.
2. Somewhere in the past, too, was the absurd idea that farmers should fence their farms,
both of which are not only relevant in today’s tense situation created by the herdmen and apparently encouraged by the cattle owners, AND
Late Adewale-Thompson’s judgement which Buhari as head of state as well as a prominent member of the cattle owners could learn from for a peaceful settlement.
Regards,
TOLA.
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April 9, 2018 at 5:34 pm
Who were the parties in this case?
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April 11, 2018 at 7:22 pm
I really do not know but with the Case number, you can trace it at Ibadan either through the Ministry of Justice or at the High Court.
TOLA.
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