JIA ENTERPRISES (ELECTRICAL) LIMITED & ANOR VS BRITISH & FRENCH BANK LTD
September 4, 2025NDOKWU MBEREKPE VS UDOM ADIKES & ANOR
September 4, 2025Legalpedia Citation: (1962-06) Legalpedia 94479 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Jun 11, 1962
Suit Number: SC 126/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
DIRECTOR OF PUBLIC PROSECUTIONS
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW—BREACH OF PEACE—APPEAL
SUMMARY OF FACTS
The appellants/accused were charged in the High Court with the breach of peace and the High Court found them guilty and sentenced them accordingly while giving the 1st appellant an additional order. Being dissatisfied they have appealed against the judgment and sentence of the Court below.
HELD
The appeal against the order is allowed and the order made by the learned trial Judge against the 1st appellant in respect of the building is hereby set aside and is of no effect.
ISSUES
Not Available
RATIONES DECIDENDI
IT IS UNLAWFUL TO RESORT TO SELF-HELP IN A BID TO EJECT A TRESPASSER FROM ONES LAND
‘He who is in actual and peaceable possession, even if he was originally a trespasser, must not be ousted from the land with unreasonable force by a claimant, no matter the claimant be the rightful owner; there must be a recourse to the law or the Courts.’ Per ADEMOLA, C.J.F.
CASES CITED
Not Available
STATUTES REFERRED TO
The Laws of the Western Region
Stroud’s Judicial Dictionary, (3rd Ed.) p.51
The Criminal Code
