ALHAJI H.D. KOLO V. J.M.O. OYETUNDE
August 5, 2025UZOWURU ANUKANTI V. UWANDU EKWONYEASO
August 5, 2025Legalpedia Citation: (1978-01) Legalpedia (SC) 16966
In the Supreme Court of Nigeria
Fri Jan 27, 1978
Suit Number: SC. 130/1976
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
ANTHONY ODUNUKWE
APPELLANTS
THE ADMINISTRATOR-GENERAL EAST CENTRAL STATE
RESPONDENTS
AREA(S) OF LAW
LAND LAW LAW / TORT / EVIDENCE
SUMMARY OF FACTS
The plaintiff claimed that he was the owner of the premises in dispute.
HELD
The Supreme Court held that a trespasser does not by the act of trespass secure possession and if the plaintiff was always in possession then the defendant can only be liable for damages for trespass and injunction.
ISSUES
Whether the learned trial Judge erred in law when he non-suited plaintiff in his claim for mesne profits when that arm of the claim should have been dismissed
RATIONES DECIDENDI
PROOF OF ASERTIONS
“It is settled law that he who asserts and claims must prove what he claims and where he has wholly failed to prove his claim the defendant is entitled to an order in his favour dismissing plaintiffs claim. The plaintiff in such circumstances is not entitled to an order of non-suit giving him an opportunity to institute a fresh action on the same claim and relitigate the issue.” Per OBASEKI, JSC
CASES CITED
Aromire v. Awoyemi S.C. 38/1969
STATUTES REFERRED TO
Not Available
