May 10, 2025
Legalpedia Citation: (2014) Legalpedia (CA) 13951 In the Court of Appeal Fri Mar 21, 2014 Suit Number: CA/L/152M/2007 CORAM PARTIES 1. ALHAJI LIADI MUSARI2. MR. RAJI MUSARI3. […]
CORAM
PARTIES
1. ALHAJI LIADI MUSARI2. MR. RAJI MUSARI3. SALAKO MUSARI4. NURENI LIADI5. SHAFARI LAMIDI (For themselves and as representatives of Musari Ashade Family)6. LAMIDI YUSUF (For themselves as representative of Omoseke Ashade) APPELLANTS
1. MADAM AFUSAT BISIRIYU2. MADAM TIRI BISIRIYU3. MR. SALIU ALIU (For themselves and as Representatives of Bisiriyu Ashade Family) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs commenced an action against the Defendants at the trial Court for declaration of title to land, a declaration that the Plaintiffs are entitled to the grant of Statutory Rights of Occupancy of the said piece or parcel of land, possession of the land, a sum of N100, 000.00 damages for trespass and destruction caused to the farmland, and perpetual injunction restraining the Defendants from trespassing and selling of the said land. The trial Court gave judgment in favour of the Plaintiffs/ Respondents. Dissatisfied with the decision of the trial Court the Defendants/Appellants appealed to this Court.
HELD
Appeal Dismissed
ISSUES
Whether from the evidence led before the trial court, it was right or evidentially justifiable of the trial court to have held that Ashade shared or partitioned his land among his three children, to wit: Musari, Bisiriyu and FabiyiWhether the totality of the evidence before the court supports the judicial orders of declaration of title to, and possession of the land in dispute as well as the award of damages and injunction by the trial court
RATIONES DECIDENDI
TRESPASS-DUTY OF A CLAIMANT WHERE HE CLAIMS DAMAGES FOR TRESPASS AND INJUNCTION
“The Claimant in an action claiming such reliefs must specifically claim same in an action for trespass to land.” PER PEMU, J.C.A
FACTS NOT PLEADED-EVIDENCE GIVEN THEREON- HOW TREATED
“It is elementary that evidence on facts not pleaded go to no issue and should be discountenanced.” PER PEMU, J.C.A
EVIDENCE-UNCHALLENGED EVIDENCE/ ADMISSIBLE DOCUMENTARY EVIDENCE -DUTY OF THE COURT
“It is elementary law and indeed settled that where evidence is neither challenged nor controverted, and where documentary evidence is rendered not inadmissible by the provisions of the Evidence Act, the Court should rely on it.” PER PEMU, J.C.A
DECLARATION OF TITLE TO LAND-WHAT A SUCCESSFUL CLAIMANT IS ENTITLED TO
“In a claim for declaration of title to land, where a claimant succeeds, he is entitled to the claim for damages in trespass and injunction sought by him”. PER PEMU, J.C.A
UNCONTROVERTED/UNCHALLENGED EVIDENCE- HOW TREATED
“It is trite that where evidence is uncontroverted, unchallenged and credible, the Court will be left with no option than to accept same.” PER PEMU, J.C.A
RELIEF-WHERE NOT CLAIMED-EFFECT OF
“Where no relief for trespass and injunction is claimed, the Court will not award tsitle to the land in dispute.” PER PEMU, J.C.A
PLEADINGS-MATERIAL ALLEGATION OF FACT- SHOULD BE DENIED SPECIFICALLY
“A denial of a material allegation of fact must therefore not be general or evasive, but specific. Every allegation of fact in the pleadings, if not denied specifically or by necessary implication shall be taken as established at the hearing. “PER PEMU, J.C.A
PLEADINGS- FUNCTION OF PLEADINGS
“Decidedly, the main function of pleadings is to ascertain with precision, the various matters that are actually in dispute and the parts on which they agree and thus to arrive at certain and clear issues on which both parties desire a Judicial decision. Each party must give his opponent a sufficient outline of his case.” PER PEMU, J.C.A
TRESPASS-WHEN AN ACTION FOR TRESPASS TO LAND IS COUPLED WITH A CLAIM FOR INJUNCTION-CONSEQUENCES OF
“Whenever an action for trespass to land is coupled with a claim for an injunction, the title of the parties is automatically put in issue.” PER PEMU, J.C.A
TRESPASS- WHETHER A POSSESSORY TITLE IS DERIVED THEREFROM
“It is settled law that an established trespasser, no matter the duration of his occupation or use of the land remains a trespasser ab initio. Therefore, the length of his occupation or use of the land cannot translate to ownership of it. No trespasser in law is allowed to desire a possessory title from his trespass.” PER PEMU, J.C.A
CASES CITED
Agbaisis V. Ebikorefee (1997) 4 NWLR (PT. 502) 630Alagbe V. Abimbola (1978) 2 SC. 39Attorney General Ondo State V. A-G. Ekiti State 2001, 17 NWLR PT.743, 506Buhari V. Obasanjo (2003) 17 NWLR (PT. 850) @ 587Esso Petroleum Co. Ltd V. South Port Corporation (1956) A.C. 218 @ 241First Bank of Nig. Plc V. Tsokwa (2004) 5 NWLR (PT. 866) 271Kayode V. Odutola (2001) 11 NWLR (PT. 725) 659Lawson-Jack V Shell Petroleum Development Co. Nig Ltd (2002) 13 NWLR (PT.783) 180Okorie & Anor V. Udum & Ors 1960 SCNLR 362Oluwole V. Abubakar (2004) 10 NWLR (PT. 882) 549PHMB V. Edosa (2001) 12 WRN 183Provost, Lagos State College Of Education V. Edun (2004) 6 NWLR (PT 870) 476 andTotal (Nig) Plc V. Ajayi (2004) 3 NWLR (PT. 860) 270
STATUTES REFERRED TO
None