ELEMI ELE IKE v. EDOGI EKONO ENANG & ORS
June 27, 2025ENGINEER P. O. FAPOHUNDA V. ABEL OLADIPUPO OLUWASOLA & ORS
June 27, 2025Legalpedia Citation: (1999) Legalpedia (SC) 28152
In the Supreme Court of Nigeria
Fri Mar 5, 1999
Suit Number: SC. 201/1992
CORAM
DAHIRU MUSDAPHER, JSC, JUSTICE, SUPREME COURT (Lead Judgment)
NASIR, JUSTICE COURT OF APPEAL
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
PARTIES
LIASU ADEPOJU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent instituted an earlier action in trespass against the appellants which was refused because it was not proved and subsequently filed this action when the appellants started building on the land.
HELD
The court held that the respondent was not stopped by the previous action.
ISSUES
1. Whether the learned Justices of the Court of Appeal were right in upholding the decision of the Learned Judge that the appellants are trespassers on the land in dispute? If so, whether the trespass is a continuing one?2. Whether or not the respondent is bound by the decision in FCA/1/162/77 and estopped from bringing this fresh action.
RATIONES DECIDENDI
CASES CITED
Commissioner for Lands v. Abraham 19 NLR 1. Bell v. Holmes (1956) 3 All ER. 449 at 453 Derrick v. Williams (1939) 2 All ER. 559 at 566
STATUTES REFERRED TO
NONE
