CHIEF N. P. UGBOAJA V SODOLAMU AKITOYE-SOWEMIMO & 3 ORS
May 28, 2025ALHAJI OYEBAMIJI & ORS VS IYABO AFUSAT LAWANSON
May 28, 2025Legalpedia Citation: (2008) Legalpedia (SC) 14840
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jul 10, 2008
Suit Number: SC 417/2001
CORAM
ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA
NWALI SYLVESTER NGWTA JUSTICE, SUPREME COURT
STEPHEN JONAH ADAH JCA
PARTIES
1. BELLO SALAMI2. LIASU SALAMI APPELLANTS
ALHAJI ADETORO LAWAL RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The Appellants sued the Respondents for a declaration to title, trespass, injunction and damages. The trial Judge dismissed the relief for declaration of title. He however granted the relief for trespass, awarded nominal damages and granted injunction. The Respondent’s appeal to the Court of Appeal was allowed. Aggrieved, the Appellants appealed to the Supreme Court.
HELD
Appeal allowed. The Supreme Court held that the Court of Appeal was wrong to have set aside the judgment in favour of the appellant as the appellant’s customary tenancy is perpetual unless terminated by an order of forfeiture.
ISSUES
Whether the Court of Appeal was right to have set aside the finding of the trial Court on possession and the status of the Plaintiffs which entitled them to be in possession and to maintain an action for trespass against the defendant.
RATIONES DECIDENDI
ACTION IN TRESPASS
‘It is the law that even a trespasser in possession can successfully maintain an action in trespass against the entire world except the true owner.’
CASES CITED
1. Oluwi v. Eniola (1967) N.M.L.R. 339 at 340 – 341,|2. Amakor v. Obiefuna (1974) 3 SC 49 at 56 (Reprint)|3. Lasisi v. Tubi (1974) 12 S.C. 62 (Reprint) at pages 64-66
STATUTES REFERRED TO
Not Available|
