HACO LIMITED VS S.M. DAPS BROWN
August 15, 2025CHRISTOPHER ANYAEGBUNAM VS CATHERINE ANYAEGBUNAM
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 79411
In the Supreme Court of Nigeria
Thu Apr 26, 1973
Suit Number: SC. 55/1970
CORAM
ELIAS, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
KELANI BANJOALHAJI A. B. AIETUNMOBI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants made a claim for declaration of title in fee simple or under Yoruba native law and custom to a piece of land at Adana Village, Surulere, Lagos. They asked for an order directing the two respondents and their servants and/or agents from committing further acts of trespass or agents to surrender possession of the said land.
HELD
The Supreme Court granted the plaintiffs declaration of title in fee simple to the piece of land at Adana Village
ISSUES
Whether the grant made was absolute
RATIONES DECIDENDI
CLAIM FOR RECOVERY OF POSSESSION BY A TRESPASSER
“a claim for recovery of possession is inappropriate for a trespasser does not by the act of trespass secure possession in law and if the plaintiff was always in possession then the defendant can only be liable for damages in trespass and to an order of injunction.” Per T.O Elias JSC
CASES CITED
Jimoh Adebakin v. Sabitiyu Odujebe (SC. 42/70) reported in (1972) 6 S.C. 208 at page 216
STATUTES REFERRED TO
