WURAOLA KUKU VS FATUMO OLUSHOGA
September 4, 2025AYUWE LONGE VS ALICE ADEYEBI AJAKAIYE
September 4, 2025Legalpedia Citation: (2022-02) Legalpedia 33566 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Tue Nov 13, 1962
Suit Number: SC 428/1961
CORAM
BAIRAMIAN, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
CHIEF ORUWARI EKPIDIE OWUSOH AND ANOTHER(for themselves and on behalf of the people of ODAGA)
RESPONDENTS
AREA(S) OF LAW
LAND LAW—TRESPASS—APPEAL
SUMMARY OF FACTS
The plaintiffs/respondents as representatives sued the defendants/appellants seeking damages for trespass on a land in dispute in which they had previously obtained judgment as title owners and an injunction restraining the defendants. The Trial Court found in their favour. The defendants being dissatisfied have appealed to this Court.
HELD
Appeal dismissed
ISSUES
Not Available
RATIONES DECIDENDI
JOINT TORT FEASORS
‘Where two or more persons have so conducted themselves as to be liable to be jointly sued, each is responsible for the injury sustained by reason of their common act. Where several persons so concur in some act or default which is tortious that each of them is responsible for the breach of duty, they are called joint tortfeasors. A person whose legal right is injured by a tort so committed has a right of action against any or all of such joint tortfeasors unless he stands in such a relation to one of them as to be responsible for his act of default.’ Per TAYLOR, F.J.
CASES CITED
Tongi v. Kalil 14 W.A.C.A. 331
STATUTES REFERRED TO
Not Available
