BARCLAYS BANK OF NIGERIA LTD V. ALHAJI ADAM BADEJOKO ASHIRU & ORS
August 4, 2025SAMUEL OBERE V. THE BOARD OF MANAGEMENT, EKU BAPTIST HOSPITAL
August 4, 2025Legalpedia Citation: (1978-06) Legalpedia (SC) 88116
In the Supreme Court of Nigeria
Fri Jun 2, 1978
Suit Number: SC. 358/1976
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
ANYASINTI UMUNNA
OKONKWO NNAIFE
JOSEPH OKONTA
JACOB O. OKAFOR
OBI DIKE OKOH
N.E. ANAMANYA (For themselves and on behalf of the people of Odanta Village of Ibusa)
APPELLANTS
ANIMUDU OKWURAIWE
NWABUIKEUMUNNA
RAYMOND OKOCHA
NWACHUKWU MOLOKWU (For themselves and on behalf of Idumugbe Family of Asaba)
RESPONDENTS
AREA(S) OF LAW
LANDLAW / TORT – TRESPASS / COURTS
SUMMARY OF FACTS
A declaration that the plaintiffs are entitled to the exclusive possession of that piece and parcel of land in dispute, N4000 (Four Thousand Naira) damages for trespass; and an injunction restraining the defendants, their servants or agents and each of them from committing further acts of trespass on the said land.
HELD
The Supreme Court held that the trespass committed by the appellant was only of a technical nature which can at best attract only nominal damages or minimal compensatory damages.
ISSUES
Excessive quantum of damages
RATIONES DECIDENDI
PRONOUNCEMENTS OF CLAIMS NOT BEFORE A COURT
“It must be emphasized that a Judge had no duty to pronounce on a claim not before him except as obiter. His clear duty is to pronounce on a claim before him in respect of which evidence has been led.” Per OBASEKI, JSC
CASES CITED
Bright v. Seller (1904) 1 KB 6, Re: Gist (1904) 1 Ch 408
Armstrong v. Sheppard and Short Ltd. (1959) 4 QB 384
STATUTES REFERRED TO
Not Available
