OKOYE OYIDIOBU VS SARAH OKECHUKWU
August 20, 2025ELIJAH UKOH VS THE STATE
August 20, 2025Legalpedia Citation: (1972) Legalpedia (SC) 16221
In the Supreme Court of Nigeria
Thu May 11, 1972
Suit Number: SC. 719/1966
CORAM
COKER,JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
MBA NTA & ORS (for themselves and as representatives of Amodu Akagbe people) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents in a representative capacity sued the appellants in a representative capacity for trespassing on their side of the land boundary.
HELD
The court held that the respondents succeeded on their claim and the appellants could only be sued in a representative capacity.
ISSUES
Whether the learned trial judge was wrong when he held that “The plaintiff therefore succeeds in the alternative to their first prayer and there will be a declaration accordingly”. Since the plaintiffs writ did not contain this alternative prayer.
Whether the learned trial judge was wrong in holding that the judgment binds the whole people of Amodu Akagbe when in fact the defendants in their defense filed and in evidence in court indicated that they were personally defending the case.
Whether the judgment was against the weight of evidence.
RATIONES DECIDENDI
STATEMENT OF CLAIM SUPERSEDES WRIT
“It is trite law, a Statement of Claim with respect to the claims set out thereon supersedes the writ”. PER I. LEWIS, JSC.
UPSET OF JUDGEMENT BASED ON WRONGFUL EVIDENCE OF A WITNESS
“To upset a judgment on the grounds that credence had been wrongly given to the evidence of a witness, an appellant must do much more than show that his evidence was as possible as the evidence of a rival”. PER I. LEWIS, JSC.
REASON FOR REPRESENTATIVE ACTION
“It is absolutely impossible to sue every man, woman and child of a large community .Where it is intended to institute legal proceedings against them, it is impossible to do otherwise than to name some of them as defendants to represent the others in the action”. PER I. LEWIS, JSC
CASES CITED
STATUTES REFERRED TO
