FRANCIS A. ODIETE & ANOR VS OMAMUJEWHE OKOTIE & ORS
August 19, 2025UMARU BUYU VS THE STATE
August 19, 2025Legalpedia Citation: (1972) Legalpedia (SC) 11118
In the Supreme Court of Nigeria
Fri Jun 16, 1972
Suit Number: SC.535/65
CORAM
COKER JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
JOSEPH EKWEREEJIOFOR ONYEKELUISIBA ENWERE (For themselves and on behalf of the people of Amaogbu family, Umuaku, Okigwi division.)OTU AZOROOHAERI ANYAOHA (For themselves and on behalf of the people of Obagu quarter of Umuaku, Okigwi Division.)AKABUIKE MADUNWOBI ONWUZURU (For themselves and on behalf of Amakpoke quarter of Umuaku, Okigwi Division.) APPELLANT(S) / DEFENDANT(S)
PLAINTIFFS / RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs are the people of Okpu family of Owerre village in Awka Division. The defendants are the people of Amaogbu, Obagu and Amakpoke families of Umuaka village in Okigwi Division. The plaintiffs own the land in dispute which the defendants also claim ownership.
HELD
The Court held that the appeal is allowed and the judgment of the Onitsha High Court, including the order as to costs, in Suit No. 0/91/59 delivered on 8th April, 1963, is hereby set aside.
ISSUES
Whether having admitted that the defendants/appellants used to farm on the land in dispute with their permission, the plaintiffs/respondents could maintain claims for trespass and injunction.
Whether they had failed to prove the eastern boundary of their land and if so, what effect this failure should have on their claim.
RATIONES DECIDENDI
PROOF OF TRESPASS
“It is trite law that in order to succeed in a claim for trespass a plaintiff must prove that he is in actual possession of the land in dispute.” FATAYI-WILLIAMS, JSC.
CASES CITED
Oluwi v. Eniola (1967) NMLR p. 339 at 340
Banjo v.Fasanya SC. 315/1967
Lawal v. Adeola SC. 187/1967 delivered 25/9/70)
Sanni v. Oki SC.199/1968 delivered on 26/3/71
Aremu v. Akanji SC. 86/1970 delivered on 29/10/70
STATUTES REFERRED TO
Native Courts Ordinance (Cap. 142 of the Laws of Nigeria, 1948)
