CORAM

---

SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

UWANI MUSA ABBA AJI

EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT

---

PARTIES

---

1. CHIEF ALIMONU AJUKWARA2. MANASA ODIKA3. MICHAEL AJUKWARA PLAINTIFF(S)

---

DEFENDANTS/ RESPONDENTS

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

The parties gave competing evidence of traditional history in respect of the land in dispute. The plaintiffs however proved several acts of ownership and possession.

---

HELD

---

The court allowed the appeal and held that the court of appeal was wrong to have dismissed the plaintiff’s case.

---

ISSUES

---

(1) Whether the Court below was right when it held that the trial Court misapplied the Rule in Kojo v. Bonsie (1957)1 WLR 1223.(2) Whether the Court below could rely on the alleged misapplication of the Rule in Kojo v. Bonsie (supra), to deny the appellants (plaintiffs) success even on their claim for trespass.(3) Whether the Court below was right when it dismissed the entirety of the claims of the Plaintiffs simply because it rejected the traditional history put forward by the Plaintiffs.(4) Whether the Court below was right when it dismissed the Cross-Appeal.

---

RATIONES DECIDENDI

---

WHO CAN SUE FOR TRESPASS TO LAND

---

A trespasser on land can maintain an action for trespass against anyone, except the true owner, who interferes with his possession – Ogundare J.S.C

---

WHERE THERE IS CONFLICT OF TRADITIONAL HISTORY

---

And since there were competing versions of the traditional evidence led in the case, the principle laid down in Kojo v. Bonsie (supra) which is simply that the trial judge should evaluate the competing versions of the traditional evidence led and test the veracity thereof by reference to recent facts and see which is more probable was applicable.- Kutigi J.S.C

---

CASES CITED

---

Kojo v. Bonsie (1957)1 WLR 1223Emegokwe v. Okadigho (1973) 4 SC 11

---

STATUTES REFERRED TO

---

NONE

---

CLICK HERE TO READ FULL JUDGMENT