CORAM

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PARTIES

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CHIEF ITA OKON AQUA APPELLANTS

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CHIEF DAVID EKANEM RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

This is an appeal against the decision of the trial court wherein the Plaintiff /Respondent claimed against the Defendant/ Appellant, damages for trespass and an order of perpetual injunction restraining the Defendants from further acts of trespass and or doing anything inconsistent with the Plaintiff’s proprietary interest in respect of the piece of land. At the end of the trial, the learned trial Judge entered judgment in favour of the Plaintiff/Respondent. Aggrieved by the decision, the Defendant/Appellant have lodged the instant appeal.

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HELD

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Appeal dismissed

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ISSUES

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Whether the Respondent’s claims in this suit were statute barredWhether in view of the evidence, the learned trial Judge was right to enter judgment for the Respondent Whether the Appellant has proved his counter-claim for damages for trespass and an order of injunction?

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RATIONES DECIDENDI

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LIMITATION OF ACTION-WHEN TIME BEGINS TO RUN IN LAND CASES

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“Time begins to run in land cases when possession is lost save where there is fraudulent concealment”. PER MOJEED A.OWOADE JCA

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LIMITATION OF ACTION-WHEN ACTION IS STATUTE BARRED-DUTY OF A PARTY PLEADING SAME

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“A party who pleaded the defence that an action is statute-barred need not satisfy the court that the Plaintiff had knowledge of the trespass or adverse possession. PER MOJEED A.OWOADE JCA

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TRESPASS-CLAIMS FOR DAMAGES FOR TRESPASS-PROOF OF

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“Where a Plaintiff as the Appellant Counter-Claimant in this case claims for damages for trespass, his title to the land allegedly trespassed upon is thereby put in issue, he must therefore, first establish his title to the land in dispute before proceeding to establish possession thereof” PER MOJEED A.OWOADE JCA

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ESTOPPEL- PURPORT AND IMPORTANCE OF

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“Estoppel is a general characterization for many and varied situations where a person in litigation is prevented from resiling from or doing the contrary of that which he has led another to believe, as well as the special case of relying on a previous judgment as conclusion of the issue in dispute. In each case, the rule is called into play in the interest of public policy to prevent injustice and detriment to the other party who relied on the conduct of another” PER MOJEED A.OWOADE JCA

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ALLEGATION OF CRIME IN CIVIL MATTER-BURDEN OF PROOF THEREOF

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“It is trite law, that an allegation of crime in civil proceedings must be proved beyond reasonable doubt” PER MOJEED A.OWOADE JCA

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POSSESSION-CONFLICTING CLAIMS TO POSSESSION-HOW RESOLVED

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“And where two parties as in the instant case claim to be in possession of land the law ascribes possession to the one with better title” PER MOJEED A.OWOADE JCA

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CASES CITED

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Ajilona vs. Kolawole (1996) 10 NWLR (Pt. 476) 22Ashibuogwu  vs. Attorney-General of 8endel State (1988) 1 NWLR (Pt. 69) p. 138Babayeju vs. Ashamu (1998) 9 NWLR (Pt. 567) 546Dada vs. Garba (1995) 8 NWLR (Pt. 411) 12Ezewani vs. Onwordi (1988) 4 NWLR (Pt. 33) 27, lloabachie vs. Iloabachie (2000) 5 NWLR (Pt. 656) 178 at 219Kasandulu VS. Ultimate Petroleum Ltd. (2008) 7 NWLR (Pt. 1480) 274 at 302Melifonwu vs. Egbuji (1982) 9 SC 145Michael Odunze & 5 Ors vs. Nwosu Nwosu & 4 Ors (2007) 13 NWLR (Pt. 1050) 1 at 53Morgatae Merchantile Co. Ltd. vs. Iwitchings (1976) 1. 0.8225 at 241 Odeneye vs. Efunuga (1990) NWLR (Pt. 164) 618Olowosayo vs. Adebanjo (1988) 4 NWLR (pt. 88) 275Orogan vs. Soremekun (1986) 5 NWLR (Pt. 44) 688Ugwu vs. Agbo (1977) 10 SC 27,

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STATUTES REFERRED TO

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Evidence ActThe Limitation Law of Cross River State (Cap L 14 Laws of Cross River State)

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