UNITED CALABAR COMPANY VS ELDER DEMPSTER LINES LIMITED
August 19, 2025T. B. OGUNMADE VS CHIEF E. A. A. FADAYIRO
August 19, 2025Legalpedia Citation: (1972) Legalpedia (SC) 01817
In the Supreme Court of Nigeria
Fri Aug 18, 1972
Suit Number: SC.58/70
CORAM
COKER JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
J. S. TALABI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff now respondent sued the defendant now appellant for trespass and to recover possession.
HELD
The court held that the appeal is dismissed and the appellant will pay to the respondent the costs of the appeal
ISSUES
Whether or not the defendant is bound by the judgment Exhibit C”.
RATIONES DECIDENDI
REMEDY IN TRESPASS
“The remedy in trespass only avails a person in possession; the entry into land by a trespasser does not, ipso facto, put the trespasser in possession for the rightful possessor still remains in possession and any such entry is a wrongful disturbance of possession; further trespasses by the trespasser are properly dealt with by an order of injunction.” COKER, JSC.
DISTINCTION BETWEEN CLAIM FOR DAMAGES FOR TRESPASS AND ONE FOR POSSESSION
The distinction between a claim for damages for trespass and one for possession or recovery of possession is of considerable substance for such difference manifests itself at all stages of litigation covering the pleadings, the evidence to be given, the nature of the findings, the order on the judgment and indeed the method of enforcement or execution. COKER, JSC
CASES CITED
Aromire & Ors. v. Awoyemi S.C.38/69 decided on 11/2/72
Flower v. Lloyd (1877) 6 Ch. D. 297
Earl of Aylesford v. Morris (1873) 8 Ch. 484 at pp. 490-491
Lees v. Motor Insurers Bureau (1953) 1 WLR 620
Mercantile Investment and General Trust Company v. River Plate Trust Loan and Agency Company (1894) 1 Ch. D. 578 at p. 595
Kasaliu Bamgbala v. Tunji Alade & Anor. S.C. 327/64
STATUTES REFERRED TO
