CORAM
COKER, JUSTICE SUPREME COURT
AJEGBO, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
OBI CHUKWURAH NNACHO AND OTHERS (For themselves and on behalf of AMUMU-NSUGBE people)
RESPONDENTS
AREA(S) OF LAW
LAND LAW-DECLARATION, TITLE TO LAND, INJUNCTION, DAMAGES
SUMMARY OF FACTS
The appellants appealed against the judgement of the trial court giving judgement to the respondents and awarding 300 (three hundred) pounds as damages for trespass against the appellants.
HELD
The Court granted a declaration of title to the respondents for the land verged in pink on plan No. ec/109/52 and that the appellants and their people, servants and or agents are restrained from entering the land verged pink. The Court further held that each of the following members of the Nnadi-Nsugbe community-Edward Attah (1st defendant), Chigbata Anoh (2nd defendant), Nwoye Ofokansi and members of their respective house- holds-may continue in occupation of their respective houses and other buildings now on the land verged pink on plan No. EC/109/52 (Exhibit 2) but may not erect any other buildings without the permission of the plaintiffs.
ISSUES
1. Whether the purported trial was not in error as the learned trial judge did not hear suit no. 0/77/53 which had been consolidated with suit no. 0/51/52
2. Whether award of damages against members of a community who were sued in a representative capacity is not erroneous in law
3. Whether the respondents put the whole area verged in pink in issue
RATIONES DECIDENDI
REPRESENTATIVE SUITS.
“Again, we were unable to uphold the general contention that damages for trespass cannot properly be awarded against named defendants who were sued as representatives of their community; for If the evidence given at the hearing of a civil claim for trespass clearly establishes that any set of defendants named on the writ were together with other members of their community responsible for the trespass, an award for damages can properly be made against these defendants in the representative capacity in which they were sued”- IDIGBE, J.S.C
CASES CITED
1. Lewis and another v. Daily Telegraph Ltd., and others [1964] 1 All E.R. 705
2. Martin v. Martin & Co. [1897] 1 Q.B. 429 at 432
3. Mbaegnusi Obiekweffe & Ors. v. Ikwuobodo Unumma & another (1957) 2 F.S.C. 70 at p. 71
4. Adurumokumor of Bakokodia v. Sillo of Ornadino 14 W.A.C.A. 123 at 125
5. Warner v. Sampson [1959] 2 W.LR. 109 at 114-115
STATUTES REFERRED TO
1. Rules of the Supreme Court (England)