AGADA OKOIKO & ANOR V. OZO ESEDALUE & ANOR
August 12, 2025CHIEF A.O.UKU & ORS V. D.O.OKUMAGBA & ORS
August 12, 2025Legalpedia Citation: (1974) Legalpedia (SC) 66121
In the Supreme Court of Nigeria
Fri Mar 1, 1974
Suit Number: SC. 247/1972
CORAM
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
PARTIES
PIUS AMAKOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This was an appeal from the judgment of the Lagos High Court in which the claims of the plaintiff, now appellant, against the defendant, now respondent, for damages for trespass to land, and for an injunction restraining the defendant from further acts of trespass, were dismissed.
HELD
The appeal was allowed and the judgment of the trial judge was set aside.
ISSUES
1. The learned trial judge was in error in considering the issue of title.
2. The learned trial judge was also in error in not accepting the evidence of possession given by the plaintiff/appellant and his witnesses.
3. That the learned trial judge erred in dismissing the claim of the plaintiff/appellant.
RATIONES DECIDENDI
TRESPASS TO LAND IS ACTIONABLE AT THE SUIT OF THE PERSON IN POSSESSION
“It is trite law that trespass to land is actionable at the suit of the person in possession of the land.” Per FATAYI-WILLIAMS, JSC.
A TRESPASSER IN POSSESSION OF LAND AS AGAINST EVERYONE BUT THE TRUE OWNER CAN CONVEY HIS INTEREST IN THE LAND
“A trespasser in possession of land, as against everyone but the true owner, can devise or convey his interest in the land or transmit it by inheritance.” Per FATAYI-WILLIAMS, JSC.
WHAT THE DEFENDANT MUST SHOW TO RESIST THE PLAINTIFFS CLAIM
“To resist the plaintiffs claim, a defendant must show either that he is the one in actual possession or that he has a right to possession.” Per FATAYI-WILLIAMS, JSC.
CASES CITED
Asher v. Whitlock (1865) LR 1 QB page 1
STATUTES REFERRED TO
None.
