N.O. MOTANYA AND OTHERS VS. ELIJAH ELINWA AND OTHERS

CORAM

MUHAMMADU LAWAL UWAIS (Presided), JUSTICE, SUPREME COURT

IDRIS LEGBO KUTIGI (Read the Leading Judgment), JUSTICE, SUPREME COURT

PARTIES

N.O. MOTANYA AND OTHERS APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

At the High Court the plaintiffs claimed against the defendants jointly and severally, general damages for trespass, and perpetual injunction restraining the defendants, their servants and agents from further acts of trespass in the land in dispute. The learned trial found in favor of the plaintiffs. Dissatisfied with the judgment of the High Court the defendants appealed to the Court of Appeal. The Court of Appeal allowed the appeal and remitted the case to the High Court for trial de novo before another Judge. The present appeal and cross-appeal are against the decision of the Court of Appeal. The plaintiffs appealed to the Supreme Court against the whole decision while the defendants cross-appealed against the order for a re-trial of the case only.

HELD

The appeal and the cross-appeal were both allowed. The judgment of the Court of Appeal was set aside while the judgment of the High Court was restored.

ISSUES

1. Whether the court below was correct in holding that the learned trial Judge wrongly put the onus of proof on the defendants.2. Whether plaintiffs/appellants established better title to the land in dispute.3. Whether the order for a re-trial was properly made.