UWA PRINTERS (NIG) LIMITED VS INVESTMENT TRUST COMPANY LIMITED
July 17, 2025INYANG EDET VS THE STATE
July 17, 2025Legalpedia Citation: (1988-12) Legalpedia (SC) 75117
In the Supreme Court of Nigeria
Fri Dec 9, 1988
Suit Number: SC. 212/1985
CORAM
M.L. UWAIS (Presided and Read the Leading Judgment), JUSTICE, SUPREME COURT
KARIBI-WHYTE JUSTICE, SUPREME COURT
AGBAJE JUSTICE, SUPREME COURT
PARTIES
ALHAJI MUFUTAU MOTUNWASE
APPELLANTS
ISAIAH SORUNGBE & ANOR
RESPONDENTS
AREA(S) OF LAW
LAND LAW – DAMAGES – INJUNCTION – NATIVE LAW AND CUSTOM
SUMMARY OF FACTS
The plaintiffs acquired the land settlement, have built and lived on the land in dispute together with the adjoining land. With the consent of the plaintiffs’ family, public lavatory was built on the land in dispute. Some years later, the defendants, broke down the public lavatory.
HELD
The Court held that the result is that this appeal fails and it is dismissed. Cost awarded in favour of the respondents. ?
ISSUES
1. Whether by the Amended Statement of Claim of the Respondents and as a result of the court not finding possession in the plaintiffs as shown in the Amended Statement of Claim the Respondents could still succeed in their claim for trespass.
2. Whether the court can grant a relief to the Respondents not claimed in their Amended Statement of Claim.” Neither in the grounds of appeal before this Court, nor in the brief of argument did the appellant complain about the Court of Appeal’s reversal of the findings/conclusions of the trial Judge.
RATIONES DECIDENDI
FINDINGS OF FACT
“It is well settled that findings of fact are very much in the domain of the trial Court. A Court of Appeal will hesitate to reverse them except under well settled principles.” Nnamani, JSC
CASES CITED
1. Adio v State (1986) 2 NWLR part 24,581,587
2. Kojo II v Bonsie 14 WACA. 242; Ekpo v Ita XI NLR. 68
3. Mogaji (1986) 1 NWLR. part 19, 759, 772
4. Nnajifor v. Ukonu (1986)4NWLR. (part 36) 505
5. Frank Ebba v Ogodo (1984) 1 SCNLR 372, at 379, 381
6. Abusomwan v Mercantile Bank (Nig.) Ltd. No. 2 (1987) 3 NWLR (Part 60) 196 at 207.
7. Peat (N.R.I. Ltd) v Akhimein (1976) 7 SC. 157
8. Bello v Eweka (1981)1 SC. 101 at pages 102 and 118
9. Seismograph Service (Nigeria) Ltd v Chief Keke Ogbenegweke Eyuafe (1976) 9 -10 SC. 135 at p.146 1
10. Obanor v Obanor (1976) NMLR. Vol. 139 at 43
11. Okechukwu and ors v Okafor and ors (1961)1 All NLR.685,691. ?
STATUTES REFERRED TO
Not Available
