CORAM

---

ELIAS CHIEF JUSTICE, NIGERIA

COKER JUSTICE, SUPREME COURT

IBEKWE JUSTICE, SUPREME COURT

---

PARTIES

---

MR S.M.B. ALOMASOJO APPELLANTS

---

RESPONDENTS

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

Judgement was entered at the high court of Lagos state against the defendant in trespass and dismissing the defendants counter-claim for title in fee simple in respect of the land in dispute.

---

HELD

---

The Supreme Court held that the learned trial judge was right in entering judgment for the plaintiff on the claim of trespass and injunction and dismissing the defendants counter-claim.

---

ISSUES

---

1. Whether the judgment in Suit No. 1/108/55 does not constitute res judicata and estoppel against the appellant in view of the consent judgment of the Supreme Court in SC. 293/64 (Exhibit N);

2. Whether the conveyance (Exhibit E) and the deed of ratification (Exhibit F), both of which together constitute Exhibit G, have not been proved to have been duly executed in favour of the respondent;

3. Whether the claim for trespass and an injunction does not accord with the claim to title as granted by the trial judge and that there is in any case no satisfactory evidence of the respondents possession of the land in dispute.

---

RATIONES DECIDENDI

---

1960 FSC 207/1959 [1960] NSCC 41 EFFECT OF REVERSAL OF HIGH COURT JUDGEMENT ON JUDGEMENT OF SUPREME COURT

---

“Quite apart from the established principle that a consent judgment is binding only on the actual parties to it, there is the legal impossibility that the reversal of a High Court decision could result in the automatic reversal of a Supreme Court decision reached on appeal from that High Court decision.” Per ELIAS, CJN

---

CLAIM FOR TRESPASS

---

.

---

CASES CITED

---

Cassell and Co. Limited v. Broom & Anor. (1972) 1 All ER 801

---

STATUTES REFERRED TO

---

None

---

CLICK HERE TO READ FULL JUDGMENT