ABEL NKADO & ORS VS OZULIKE OBIANO & ANOR
July 3, 2025J.E. OSHEVIRE LTD. VS TRIPOLI MOTORS
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 00179
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu May 1, 1997
Suit Number: SC.90/1993
CORAM
M.L. UWAIS
A.I. IGUH
PARTIES
AMBROSE EKENNIA APPELLANTS
BENEDICT NKPAKARAHYACINTH ODIMBAMONDAY AGOUWAEZERE OSUNDUATHANATIUS OLUOCOLUMBA NWEKESYLVESTER NWORJISIMON ABIAKALAM RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The plaintiff/appellant, instituted an action against the respondents/ defendants claiming special and general damages for trespass to a parcel of land which has been in the peaceable possession of the plaintiff from time immemorial. An injunction restraining the Defendants their servants and or agents from further acts of trespass to the said land. “
HELD
Appeal dismissed
ISSUES
Whether the Court of Appeal was right in holding that the learned trial Judge misplaced the burden of proof in this case. On whom the onus of proof lies in the establishment of the exclusive as against the communal ownership of the land in dispute. Whether Exhibit 4, the Ahiara Native Court Judgment in suit No. 45/35 created an estoppel per-rem judicatam between the parties in the present case.
RATIONES DECIDENDI
CASES CITED
Olujinle v. v. Adeagbo (1988) 2 NWLR.(Pt. 75) 238 at 251 A – B,|Chief Awara Osu v. Ibor Igiri (1988) 1 NWLR (Pt. 69) 221 A -B|Ajao v. Alao (1986) 5 NWLR (Pt. 45) 802 at 822,|Amancio Santos v. Okosi Industries Ltd. & Anor (1942) 8 WACA 29|Okorie Uwalaka & ors. v. Ngwuliaku Agba & Ors. (1955) 15 WACA 63, 65
STATUTES REFERRED TO
Not Available.|
