CORAM
COKER,JUSTICE, SUPREME COURT
FATAYI-WILLIAMS,JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
SILAS OKOYE & 8 OTHERS (for themselves and on behalf of the people of umusiome quarter of nkpor) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff institute an action for trespass against the defendant, their claim as to ownership is premised on long term possession, and exercise of proprietary rights in respect of the land in dispute which include living , farming , owning several houses , juju shrines and grant of portion of the land to some other tenants. The trial court gave judgment in favour of the plaintiff, this was challenged by the defendants / appellants on grounds that the court granted a relief not sought by the plaintiff and the judgment given was in error for not considering their long undisputed possession on the disputed portion
HELD
The court held that it was the duty of the plaintiff to prove they were in exclusive possession before the alleged trespass was committed this they failed to do and that the trial judge was in error to have granted the injunction order to erect fence and barbed wire as boundary which the plaintiff never prayed the court for.
ISSUES
The learned trial Judge erred in law in ordering that concrete pillar boundaries be placed between Umusiome village of Nkpor and the people of Ikenga Ogidi when this was not claimed by the people of Ogidi the plaintiffs, nor did the Umusiome defended the action in a representative capacity.
The learned trial Judge erred in law in making the order of injunction in terms of the claim or at all having regard to the defendants long and undisturbed possession and the Plaintiffs laches and acquiescence.
RATIONES DECIDENDI
BURDEN OF PROOF IN ALLEGED TRESPASS TO LAND
It is the duty of the Plaintiffs to prove conclusively that before the alleged trespass, they were in exclusive possession of the land. It must be proved, in support of the claim for an injunction that not only are the sets of trespass being continued but also that the defendants had threatened to commit further acts of trespass. PER SOWEMIMO JSC
GRANT OF RELIEF
It is improper for a court to grant a party relief(s) that was not sought before it.
CASES CITED
STATUTES REFERRED TO