May 26, 2025
Legalpedia Citation: (2009-07) Legalpedia 97084 (SC) In the Supreme Court of Nigeria Holden at Abuja Fri Jul 3, 2009 Suit Number: SC 167/2005 CORAM G A. OGUNTADE, […]
CORAM
G A. OGUNTADE, JUSTICE SUPREME COURT
F F TABAI, JUSTICE SUPREME COURT
I T. MUHAMMA, JUSTICE SUPREME COURT
S M.MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT
OLUFUNLOLA O. APEKEYE, JUSTICE SUPREME COURT
PARTIES
1. MR. IGNATIUS ANYANWU
2. MR. EPHRAIM OBIJI
3. CHIEF F. S. UCHEOMA
4. ELDER B.I OBASI
5. MR. CHRISTOPHER NWACHUKWU
6. T. C NWANEKWU
(For themselves and as representing the Sand and Gravel Dealers Union, Mile 3 Dump
APPELLANTS
1. MR. ALOYSIUS UZOWUAKA
2. MR.BONIFACE WALA
3. MR COURTBAT IBEKWE
4. VINCENT AMADI
5. CALLISTUS NWACHUKWU
6. CYRIL UZOMA
7. PETER OGEOKE
8. CHIMA OGEOKE
9. JUDE NJOKU
10. TOBIAS NDU
11. JEREMIAH DIALAEKWE
12. THEODORE EZEALA
13. CLETUS EKEMADU
14. ERIC OSUJI
(For themselves and as representing Drivers and Loaders at Mile 3 Sand and Gravel Dump)
RESPONDENTS
AREA(S) OF LAW
TRESPASS – EVIDENCE – FINDINGS OF FACTS
SUMMARY OF FACTS
The appellant/plaintiff sued in a representative capacity for Drivers and loaders at Mile 3 Sand and Gravel dump. They sought damages for trespass and willful damages of building materials owned by the appellant.
The appellant’s claim was allowed by the trial court but the Court of Appeal reversed the judgment. The appellant has appealed.
HELD
Appeal allowed
ISSUES
NONE
RATIONES DECIDENDI
WHY AN APPELLATE COURT SHOULD NOT EVALUATE EVIDENCE
An Appellate Court has no business in the evaluation of evidence because of its limitations of not seeing and hearing witnesses and would not therefore ordinarily interfere with findings and conclusion of a Trial Court. Per TABAI JSC
BEST PROOF OF WHO A LICENSEE IS
Temporary Occupation Licence is the best proof of who was the Licensee of the Land in dispute in any particular year. Per TABAI JSC
WHEN A PERSON WILL BECOME A TRESSPASSER
Where a person having entered upon Land under an authority given by Law or by a person who has title or exclusive possession thereto abuses that authority, he becomes a Trespasser ab initio. Per TABAI JSC
ALLEGATION OF CRIME IN CIVIL PROCEEDINGS
Where the commission of crime is alleged in a Civil proceeding, the person alleging (in this case the Plaintiffs) must prove same beyond reasonable doubt. Per TABAI JSC
CASES CITED
1. Woluchem v. Gudi (1981) 5 S.C. 291
2. Gurara Securities & Finance Ltd. v. T. I.C. Ltd. (1999) 2 NWLR (Pt. 589) 29
3. N.I.D.B. v. De-Easy Life Electronics (1999)4 NWLR (Pt. 597) 7
4. High Grade Maritime Services Ltd. v. First Bank Ltd. (1991) 1 S.C. (Pt. II) 28; (1991) 1 NWLR (Pt. 167) 290 at 308
5. Ajibade v. Pedro (1992) 5 NWLR (Pt. 241) 257
6. H.M.S. Ltd. v. First Bank (1991) 1 S.C. (Pt. II) 26; (1991)1 NWLR (Pt.167) 290
STATUTES REFERRED TO
NONE