ANDREWS O. ABURIME V. NIGERIAN PORTS AUTHORITY
August 4, 2025MUO OKAFOR & ORS V. SYLVANUS IFIONU & ANOR
August 4, 2025Legalpedia Citation: (1978-04) Legalpedia (SC) 59111
In the Supreme Court of Nigeria
Thu Apr 20, 1978
Suit Number: SC.323 /1976
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
CHUKWUWEIKE IDIGBE, JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
GODDY UMEOBI
APPELLANTS
CHIEF A.E. OTUKOYA
RESPONDENTS
AREA(S) OF LAW
TORT / LAND LAW
SUMMARY OF FACTS
In the claim which was instituted in the trial court and framed in trespass, the plaintiff claimed £2,000 special and general damages for trespass allegedly committed by the defendant. The plaintiff also claimed an injunction to restrain the defendant, his agents and servants from further acts of trespass to the said portion of the plaintiffs shop.
HELD
The Supreme Court held that circumstances may exist in law in which a person may rightly take extra-judicial remedial action and yet be acting within the bounds of the law. A person who has taken action to abate a nuisance may act lawfully even though his action is extra-judicial.
ISSUES
Who had the right to possession of the property in dispute?
RATIONES DECIDENDI
PROOF OF OWNERSHIP VIS A VIS PROOF OF POSSESSION
“Proof of ownership is prima facie proof of possession, the presumption being that the person having a title to the land is in possession. As has been shown in Jones v. Chapman (supra) the legal effect of entry by a person entitled is not in any way affected by the fact that another who, without title, was previously in possession persists in remaining upon the land concurrently with the true owner.” Per ANIAGOLU, JSC
CASES CITED
Jones v. Chapman (1847) 2 Ex. 803
Lows v. Telford (1876) 1 App. Cas. 414
STATUTES REFERRED TO
Not Available
