CORAM
OBASEKI JUSTICE, SUPREME COURTUWAIS JUSTICE, SUPREME COURTKAWU JUSTICE, SUPREME COURTWALI JUSTICE, S
UWAIS, JUSTICE SUPREME COURT
PARTIES
EZEKIEL OLADIMEJI OGUNDIPE (For and on behalf of himself and members of Omo Community)
APPELLANTS
JOB AWE AND OTHERS
TAYO ABORISHADE
OBA STEPHEN ADEOSUN (The Akinola of Erinodo)
RESPONDENTS
AREA(S) OF LAW
LAND LAW-DECLARATION-DAMAGES-INJUNCTION
SUMMARY OF FACTS
The appellants sought a declaration from the court for title to land under native law and custom and an order of injunction restraining the defendants from further trespassing on the land.
HELD
The Court held that none of the points urged upon it was weighty enough to justify its interfering with the concurrent findings of the two lower courts.
ISSUES
Whether the findings of the Court of appeal amounts to a finding of concurrent possession by the two parties ?
RATIONES DECIDENDI
TRESPASS TO LAND
‘Now it is settled law that a party claiming damages for trespass has a duty to satisfy the court that at the time of the alleged trespass, he was in possession of the particular portion of the land in respect of which the trespass was committed’- S.KAWU,JSC
CASES CITED
1. Ekpo v. Ita 11 NLR. 68
2. Olujebu of Ijebu v. Osho the Eleda of Eda (1972) 1 All NLR 93
3. Pius Amakor v. Benedict Obiefuna (1974) 3 S.C. 49;(1974) 3 S.C.67 at p.76,
4. Obijuru v. Ozims (1985) 2 NWLR (Pt. 6) 167
5. Omoni v. Inoma (1976) 6 S.C. 34; (1976) 6 S.C.49
STATUTES REFERRED TO
NONE