CORAM

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S.U.MOHAMMED – JUSTICE, SUPREME COURT

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PARTIES

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PROF. AJIBAYO AKINKUGBE APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Respondents brought their action in trespass against the Appellant claiming among others – N5, 000,000.00 damages for unlawful execution and damages for loss of proper feelings of dignity and pride. N100, 000.00 damages for trespass. N650, 000.00; 113,000.00 US Dollars; 41,000.00 U.K. Pounds and 80,000.00 German Marks as special damages.

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HELD

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APPEAL DISMISSED

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ISSUES

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1.   Was the Court of Appeal right in confirming the decision of the trial court when that court granted the plaintiffs relief for a declaration that the defendant forcefully and unlawfully ejected the plaintiffs from the premises at 53, Talabi Street, Ikeja, Lagos on the 4th of January 1994?2.   If the trial court was right in granting the declaration sought for by the plaintiffs, was the Court of Appeal right in confirming the award of damages as assessed and awarded by the trial court in favour of the plaintiffs?3.   Was the Court of Appeal right in affirming the decision of the trial court to dismiss the defendant’s counter-claim?

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RATIONES DECIDENDI

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WHEN AN APPELLATE COURTS WILL INTERFERE WITH A TRIAL COURTS AWARD OF DAMAGES

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“The law is sacrosanct that the appellate courts are generally very much reluctant to exercise their power and attempt to re-assess the amount of damages which the trial judge had awarded. They (appellate courts) will however exercise that power when it is established that the trial judge proceeded upon a wrong principle of law or that the award was clearly an erroneous estimate since the amount is manifestly too large or even too small” ” PER PO ADEREMI, JSC

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PEACEABLE HANDING OVER OF PREMISES

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“Even though it is the case of the appellant that he took over vacant possession, there is no evidence of the handing over of the keys to the property by the respondents to the appellant which would normally have been the case if possession was peaceably handed over. So it is clear that since the keys to the property were still in the possession of the respondents, the respondents remained in possession of the property and it follows therefore that the appellant actually ejected the respondents from the property while their motion for extension of time was pending” PER P.O. ADEREMI, JSC

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WHERE THE COMMISSION OF A CRIME BY A PARTY TO A CIVIL CASE IS DIRECTLY IN ISSUE

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“The law is sacrosanct that if the commission of a crime by a party to a civil case is directly in issue, the party must prove it beyond reasonable doubt and such crime must be set down specifically in his pleading” ” PER PO ADEREMI, JSC

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DISTINCTION BETWEEN GENERAL AND SPECIAL DAMAGES

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“In the consideration of how a plaintiff must deal with damages in his statement of claim, it is often necessary to make a basic distinction between general damage or damages and special damage or damages. General damage often consists in all items of loss which a plaintiff is not required to specify in his pleadings in order to allow him recover monetary compensation in respect of them at the trial. But special damage consists in all items of loss which must be specified or stated by him in his pleadings before they will be allowed to be proved at the trial and recovery of same granted” ” PER PO ADEREMI, JSC

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WHO CAN BRING A CLAIM FOR TRESPASS

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“The law is common place that a claim for damages for trespass is at the instance of a person in lawful possession of the land such as in the instant case where the occupation of the premises by the respondents has the backing of the law. Therefore, the act of forceful entry into the premises and the subsequent eviction of the occupants together with their property is one of clear case of trespass for which damages ought to be paid by the appellant to the respondents” ” PER PO ADEREMI, JSC

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AWARD OF SPECIAL DAMAGES

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“The rule with regard to the award of special damages is that the burden of proof is on any one claiming it to prove strictly that he did suffer such special damages claimed. What is required is that the person claiming it should plead its particulars and lead credible and admissible evidence of such character as would establish that he is indeed entitled to an award under that head. The evidence of particulars of the losses must be known exactly and accurately measured before the trial Court” ” PER PO ADEREMI, JSC

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CASES CITED

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Agunwa v. OnukweOladehin v. C.T.M.LImana v. RobinsonKurubo v. Zach Motison Nigeria LimitedHis Highness Uyo I V. EgwareEliochin Nig. Ltd. v. MbadiweMil. Gov. of Lagos State v. OjukwuIkoku v. OniOkuarumo v. ObabokorSofekun v. Akinyemi & OrsB.E.O.O. Industries (Nig) Ltd v. Maduakoh & Anor

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STATUTES REFERRED TO

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None

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