May 24, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 10921 In the Supreme Court of Nigeria Fri Dec 3, 2010 Suit Number: SC.115/2005 CORAM ALOMA MARIAM MUKHTAR, JUSTICE, SUPREME COURT PARTIES […]
CORAM
ALOMA MARIAM MUKHTAR, JUSTICE, SUPREME COURT
PARTIES
DANJUMA TANKA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant as Plaintiff claimed against the Respondent as Defendant the Declaration of title to the said farm land, an order of perpetual injunction restraining the defendant, his agents, privies, servants or whosoever claims through him from further trespassing and /or encroachment into the plaintiff’s farm land, The sum of N20, 000.00 (twenty thousand naira) only as general damages for trespass into the plaintiff’s farm land.
HELD
APPEAL ALLOWED
ISSUES
None.
RATIONES DECIDENDI
POWER OF LEGAL OWNER OF PIECE OF LAND
“A person who has title over a piece of land and in the exercise of his right as such owner leases the land to tenants is, in law in effective possession and can sue anybody in the world for trespass except his lawful lessee or tenant” PER FRANCIS FEDODE TABAI, JSC
CASES CITED
None.
STATUTES REFERRED TO
None.
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