Just Decided Cases

EKINE EZE & ORS VS CHIEF ORUWARI EKPIDIE OWUSOH & ANOR

Legalpedia 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

 


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