CHRISTOPHER OBUEKE & ORS VS N.N. NNAMCHI & ORS

CORAM

PARTIES

CHRISTOPHER OBUEKEVIRGINIA OBUEKE GODWIN OBUEKE APPELLANTS

N.N. NNAMCHI & ORS

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

This is an appeal against the judgment of the Court of Appeal sitting at Enugu dismissing the appeal of the defendants/appellants and affirming the judgment of the trial court.

HELD

Appeal dismissed.

ISSUES

1. Did Exhibit “A” tendered by the respondents in evidence form part of the record of proceedings properly before the Court of Appeal and thereby relevant to the case of the appellants. If the answer is in the affirmative, what was the effect of its exclusion to the appellants’ appeal?

2. Were the learned Justices of the Court of Appeal right in holding that the limitation of time does not apply in trespass?

3.Whether the judgment directing the defendants/appellants to attorn rent to the plaintiff/respondents and acknowledge them as their landlords within 30 days is a proper order to rate taking into consideration the claim of the plaintiff/respondents without hearing the parties.?

RATIONES DECIDENDI

WHEN RELIEF IS NOT SPECIFICALLY PLEADED

“Indeed it is trite law that a court may not grant a relief not specifically pleaded but may do so to meet the circumstances of the case more so where there is in evidence facts it can rely on to grant the relief”
Per Mary Ukaego Peter-Odili J.S.C.

PRINCIPLE OF CONTINUITY OF TRESPASS

“Also settled is the principle of continuity of trespass or successive acts of trespass constituting separate and independent actionable wrongs in trespass. It follows that where there is continuity of acts of trespass, successive actions can be maintained by a plaintiff from time to time in respect of the continuance of trespass” –Per Walter Samuel Nkanu Onnoghen JSC

TRESPASS CANNOT RIPEN TO TITLE TO LAND

“It is settled law that trespass, however long it remains in existence with reference to a portion/parcel of land, does not ripen or translate to title to the land in question” – Per Walter Samuel Nkanu Onnoghen JSC

CASES CITED

Agbakoba v INEC (2009) All FWLR (Pt. 462) 1037; Adimora v Ajufo (1988) 3 NWLR (Pt.80) 1Osuji v Ekeocha (2009) All FWLR (Pt. 490) 614Adepoju v Oke (1999) 2 NWLR (Pt. 594) 154 at 169Moss v Kenrow (Nig.) Ltd (1992) 9 NWLR (Pt. 264) 207 at 224Nimanteks  Associates v Marco Construction Ltd (1987) 2 NWLR (Pt. 56) 267Amaechi v INEC (2008) All FWLR (Pt. 407) 1?

STATUTES REFERRED TO

NONE

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