ENGINEER GOODNEWS AGBI V. CHIEF AUDU OGBEH & ORS
June 6, 2025MR. VICTOR ADELEKAN VS ECU-LINE NV
June 6, 2025Legalpedia Citation: (2006-05) Legalpedia 43371 (SC)
In the Supreme Court of Nigeria
Abuja
Fri May 12, 2006
Suit Number: SC.350/2001
CORAM
I. F. OGBUAGU JUSTICE, SUPREME COURT
W. S. ONNOGHEN JUSTICE, SUPREME COURT
D. MUSDAPHER JUSTICE, SUPREME COURT
A. KATSINA-ALU JUSTICE, SUPREME COURT
A. O. EJIWUNMI JUSTICE, SUPREME COURT
PARTIES
MATTHEW ECHERE
LAWRENCE ARIBODO
AGBARAKWE EGWIM
ARUKWE UZOEGWU
APPELLANTS
CHRISTOPHER EZIRIKE RESPONDENTS
BENNETH OBIAKO
CORNELIUS ANYAECHE
ZEPHANIAH CHIBUEZE
2ND SET OF RESPONDENTS
JOHN ANYAECHE
BENJAMIN EGBUNINE
AGONSIM IKECHUKWU
RESPONDENTS
AREA(S) OF LAW
TRESPASS / PRACTICE AND PROCEDURE – CONCURRENT FINDINGS OF THE COURT
SUMMARY OF FACTS
The appellant were plaintiffs at the trial court where in they brought an action in trespass against the 1st set of defendant got judgment against them. The defendant appealed and won. This appeal was brought by the appellant/plaintiff against the interference with the findings of the trial by the Court of Appeal.
HELD
Appeal allowed.
ISSUES
1. Whether the Court of Appeal was right in applying the test of “doubt” instead of preponderance of evidence in reversing the judgment of the trial Court that the Plaintiffs/Appellants proved that they were the owners of the land in dispute?
2. Whether the Plaintiffs/Appellants proved their case and should be entitled to judgment as held by the trial Court?
3. Whether the Court of Appeal was right in interfering with the findings of fact of the learned trial Judge that the land in dispute belongs to the Plaintiffs/ Appellants.
4. Whether the Court below was right in holding that establishing acts of trespass to two plots of land out of five plots constituting the land in dispute was not enough to establish act of trespass against the 1st set of Defendants/Respondents in respect of the land in dispute?
5. Whether the judgment of the Court of Appeal is sustainable in this case?
RATIONES DECIDENDI
REVERSAL OF DECISION OF TRIAL COURT
“An Appellate court will not and must not reverse a finding of fact made by a trial court unless such finding is not supported by the evidence and is perverse”. {Per KATSINA-ALU, JSC }
MEANING OF TRESPASS
“Trespass is interference with possession. It is settled law that trespass to land is actionable at the suit of the person in possession of the land”{Per KATSINA-ALU,JSC}
LIABILITY WHERE TWO OR MORE PERSONS COMMIT AN ACT OF TRESPASS
“…..this is also settled, firstly, that where two or more persons, commit an act of trespass (as in the instant case leading to this appeal), each of them, is responsible for the injury sustained by reason of their common act. Their liability being joint and several. The person injured, has a cause of action, against any or all of them and may obtain judgment against them jointly and severally in that action”. (Per I.F. Ogbuagu JSC)
CASES CITED
1. Akunyili V. Ejidike (1996) 5 NWLR (Pt.449) 381.
2. Adegbite V. Ogunfaolu (1990) 4 NWLR (Pt. l46) 578.
3. Emordi V. Kwentoh (1996)2 NWLR (Ft. 433) 656.
4. Benedict Agwunedu & Or. V. Christoper Onwumere (1994) 1 NWLR (Pt.321) 375
5. Chief Ntiaro & Or. V. Ibok Etok Akpan 3NLR 10 at 11
6. Woluchem V. Gudi (1981)5 SC 291
7. Tongi V. Kabil 14 WACA 31
8. Adeshoye V. Shiwoniku 14 WACA 86
9. Emegwara V. Nwaimo 14 WACA 347
10. Amakor V. Obiefuna (1974) 3 S.C. 67
11. Atunrase & anor. V. Alhaji Sunmola & anor. (1985) 1 NWLR ((Pt.l ) 105; (1985) 1 S.C. 349.
12. Amakor V. Obiefuna (supra) @ 78; Oyebanjo V. Okunola (1968) NMLR 221
13. Mrs. Lydia Thompson & anor. V. Alhaji Arowolo (2003) 4 SCNJ. 20 ; (2003) 6 SCM 146
14. Yusuf V. Abina & ors. (1968) 2 ANLR 167
15. Mogaji V. Cadbury Fry (Export) Ltd. (1972) 2 S.C. 97 .
16. Oguche V. Iliyaso & ors. (1972) 2 UIL.R 424
17. Oloriode & ors. V. Oyebi & ors. (1984) 5 S.C. 1.
18. Oluwi V. Eniola (1967) NMLR 339, 340; (1972) 6 S.C. 116.
19. Nwosu V. Otunola (1974) 1 ANLR (Pt. 1) 533 .
20. Chief Ezekwesili & 2 ors. V. Chief Agbapuonwu & 2 ors. (2003) 4 SCNJ. 174 @ 197, (2003 6 SCM 13
21. Ekine Eze & ors. V. Chief Owusoh & anor. (1962) 1 ANLR 619.
22. Ekretsu & anor. V. Oyobabere & 5 ors. (1992) 11 – 12 SCNJ. (Pt. II) 189.
23. Yellow V. Morley (1910) 27 TLR 20.
24. Adeniji V. Ogunbiyi (1965) NMLR 395
25. Onyekaonwu & ors. V. Ekwubiri (1966) 1 ANLR 32, 34 – 35.
STATUTES REFERRED TO
