SUNDAY EMIATOR VS THE STATE
August 8, 2025JOSPEH ADEREMI VS THE STATE
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 11167
In the Supreme Court of Nigeria
Fri Nov 28, 1975
Suit Number: SC. 194/1974
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ATANDA FATAYI, JUSTICE, SUPREME COURT
PARTIES
DENNIS C.O. IWENOFU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent in the trial court ,sued the Appellant as an administrator of the estate of one Fani Cole(nee Iwenofu) inter alia for an act of trespass and perpetual injunction restraining the Appellant from further act of trespass. The trial court found in favour of the Respondent, dissatisfied with the decision, the Appellant brought this appeal.
HELD
Appeal allowed.
ISSUES
RATIONES DECIDENDI
CLAIM FOR DAMAGES FOR TRESPASS
The claim for damages for trespass can be maintained only by a person in possession or who has a legal right to the possession, of the property. PER ATANDA FATAYI-WILLIAMS JSC
CASES CITED
Fashanu v. Adekoya (1974) 6 S.C. 83 at page 91
STATUTES REFERRED TO
