CORAM

---

ABUBAKAR BASHER WALL JUSTICE, SUPREME COURT(Presided)

MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT

UTHMAN MOHAMMED JUSTICE, SUPREME COURT(Read the Leading Judgment)

ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT

---

PARTIES

---

E. K. ISERU(Substituted by Doris Iseru) APPELLANTS

---

RESPONDENTS

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

The respondent is the sole trustee and custodian of all the properties belonging to the Catholic Mission within the Warri Catholic Diocess. The land in dispute forms a portion of a parcel of land owned and possessed by the respondent either through a grant or by possessory right.

---

HELD

---

In the result, this appeal has failed. The judgment of the Court of Appeal in which it affirmed the decision of the trial High Court is hereby affirmed by me. The appeal is dismissed. I award N1000.00 costs in favour of the respondent.  ?

---

ISSUES

---

1. Whether the appellant could be adjudged a trespasser when the respondent was not in exclusive possession of the land allegedly trespassed upon by the appellant2. Whether the respondent could succeed in his claim against the appellant based on trespass to the land in dispute when the Mission was not in exclusive possession of the land in dispute.

---

RATIONES DECIDENDI

---

CONCURRENT FINDINGS OF FACT BY TWO LOWER COURTS

---

The rule of practice is that, in the absence of special circumstances, this court will not allow a question of fact to be re-opened where there have been two concurrent findings of fact by two lower courts. PER MOHAMMED, JSC

---

CASES CITED

---

Amakor v. Obiefuna (1974) 1 All NLR 119.Mogo Chinwendu v. Nwanegbo Mbamali (1980) 3 SC 31 Ukpe lbodo & Ors. v. Enarofia and Ors (1980) 5-7 SC 42 at 55.Akin Adejumo and 2 others v. Ajani Yusuf Ayantegbe (1989)All NLR. 468; (1989) 3 NWLR (Pt.110) 417.?

---

STATUTES REFERRED TO

---

NONE

---

CLICK HERE TO READ FULL JUDGMENT