CORAM

A. I. KATSINA -ALU JUSTICE, SUPREME COURT

EMMANUEL O. OGWUEGBU, JUSTICE, SUPREME COURT

SAMSON O. UWAIFO, JUSTICE, SUPREME COURT

PARTIES

DENNIS IVIENAGBOR APPELLANT(S) / PLAINTIFF(S)

DEFENDANT(S) /RESPONDENT(S)

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant had sought from the trial court an order of perpetual injunction restraining the respondent from encroaching on his alleged piece of land, special and general damages for trespass and a declaration that he is entitled to possesory title

HELD

The court held that it cannot see in what way the appellant has made out a case against the judgments of the two courts below without indulging in the realm of speculation. I have therefore come to the conclusion that there is no justifiable cause for me to interfere with the findings made by the two lower courts. ?

ISSUES

(i) Whether or not the respondents are entitled to the declaration they sought.(ii) Whether or not the appellant is entitled to a possessory title in respect of the land in question(iii) Whether or not the appellant is entitled to damages for trespass.

RATIONES DECIDENDI

CASES CITED

Omoregbe v. Lawani (1980) 3-4 SC 108 at 117 Egbunike v. African Continental Bank Ltd (1995) 2 NWLR (Pt.375) 34Broadline Enterprises Ltd. v. Monterey Maritime Corpn (1995) 9 NWLR (Pt.417) l at 27Yesufu v. KupperInternational N.V. (1996) 5 NWLR (Pt.446) 17Omoregbe v. Edo (1971) All NLR 282 at 289

STATUTES REFERRED TO

None.

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