JOSEPH ADENIYI OGUNRO AND 3 ORS VS CHRISTIANA AJKE OGEDENGBE AND ANOR
September 10, 2025EUGENE MASSANGO NGOH VS MOSES NGONJA NDOKE AND ANOR
September 10, 2025Legalpedia Citation: (2022-02) Legalpedia 03464 (CA)
In the Court of Appeal
HOLDEN AT LAGOS
Fri Apr 22, 1960
Suit Number: SC 249/1959
CORAM
ABOTT, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
HUBBARD, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
C. E. COLE
RESPONDENTS
AREA(S) OF LAW
1960 FSC 207/1959 [1960] NSCC 41
LEASES – VOLENTI NON FIT INJURIA-DAMAGES
SUMMARY OF FACTS
The respondent took a sublease from the appellant on the understanding that temporary buildings cannot stay on the land for more than two years. The appellant entered upon the land and demolished the buildings when the respondent refused to do so.
HELD
The court held that there was trespass on the part of the appellant in entry the land without the permission of the respondent but that the principles of volenti non fit injuria applies to relieve the appellant of liability in special damages.
ISSUES
Whether from the facts and circumstances of this case, the respondent was entitled to special and general damages for the destruction of the buildings.
RATIONES DECIDENDI
LESSOR’S RIGHT TO DEMOLISH LESSEE’S ILLEGAL STRUCTURES.
‘even If the entry on the land was tortuous, the rule volenti non fit injuria applies to the demolition of the buildings.’ Per Brett F.J
CASES CITED
Herd v. Weardale Steel, Coal and Coke Company Limited (1915) A.C. 67.
STATUTES REFERRED TO
Not Available
