OTHNIEL SHEKSE V VICTOR PLANKSHAK & ORS
May 28, 2025NIKA FISHING CO. LTD. V LAVINA CORPORATION
May 28, 2025Legalpedia Citation: (2008-07) Legalpedia (SC) 07101
In the Supreme Court of Nigeria
Fri Jul 11, 2008
Suit Number: SC.417/2001
CORAM
GEORGE ADESOLA OGUNTADE, (Lead Judgment) JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE JUSTICE, SUPREME COURT
NIKI TOBI) JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
PARTIES
1. BELLO SALAMI2. LIASU SALAMI APPELLANTS
ALHAJI ADETORO LAWAL
RESPONDENTS
AREA(S) OF LAW
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
1. 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
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
NONE
