Legalpedia Citation: (2010) Legalpedia (SC) 28101
In the Supreme Court of Nigeria
Fri Jan 22, 2010
Suit Number: SC.213/2002
CORAM
PARTIES
KOPEK CONSTRUCTIONS LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent was the plaintiff who sued the appellant for trespass and injunction. The trial court granted the injunction and the court of appeal affirmed the decision of the trial court but reduced the damages awarded.
HELD
Appeal is dismissed.
ISSUES
None.
RATIONES DECIDENDI
BURDEN OF PROOF IN TITLE TO LAND.
“It is incumbent on a party in a claim for title to land to plead and prove his title to the land he is claiming, and the burden of proof does not shift until he has satisfactorily proved what he has in his pleading, and cannot rely on the weakness of the case of the defendant”. Per FABIYI, JSC
AWARD OF DAMAGES; DUTY OF COURT.
“In the award of damages, a court must be mindful of the necessity to ensure that a party is not doubly compensated for the same injury”. Per OGUNTADE, JSC
CASES CITED
1. Ogaba v. Otubusin [1961] All N.L.R. 299;2. Ekpe v. Fagbemi [1978] 3 S.C 209.3. Atuanya v. Onyejekwe 1975 3 S.C. 161,4. Orosanye v. Osula 1976 6 SC. 21,5. Nkanu v. Ohun 1977 5 SC. 13.
STATUTES REFERRED TO
1. Evidence Act