LAWRENCE ELENDU & ORS VS FELIX EKWOABA & ORS
June 27, 2025IKEANAEKE EZEAKABEKWE & ORS VS JULIUS EMENIKE
June 27, 2025Legalpedia Citation: (1998) Legalpedia (SC) 91371
In the Supreme Court of Nigeria
Fri Oct 2, 1998
Suit Number: SC.129/1994
CORAM
MUHAMMADU LAWAL UWAIS,CHIEF JUSTICE OF NIGERIA
SALIHU M. ALFA BELGORE, JUSTICE, SUPREME COURT
USMAN MUHAMMED, JUSTICE, SUPREME COURT
SYLVESTER U. ONU JUSTICE, SUPREME COURT
ANTHONKY I IGUH, JUSTICE, SUPREME COURT
PARTIES
NATHANIEL UDE AKARA OKPECHI ANYEGBU UCHENDU(For themselves and as representing the other members of the Amawom Community,Oboro, Ikwuano) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
It was the plaintiffs’ case that the entire school premises granted to the defendants lies south of and on the right hand side of the Amawom to Nkalunta road. They claimed that the land which situates roughly north of the said road was never granted to the defendants for any purpose whatever.
HELD
The appeal succeeded
ISSUES
Whether the Court of Appeal was right in setting aside the High Court judgment and dismissing the plaintiffs’ claim in its entirety without granting the claims for trespass and injunction, simply because the plaintiffs failed to technically prove their title, even though there was evidence (and finding by the trial court) of possession by the plaintiffs.
RATIONES DECIDENDI
WHERE ROOT OF TITLE IS PLEADED BUT NOT PROVED
“Where a plaintiff pleads a particular root of title and fails to prove the title as pleaded, it will be wrong for him to turn round to rely on other mode of acquisition of land not pleaded as his root of title in support of his claim.” Iguh, JSC.
WHAT PLAINTIFF MUST PROVE IN A CLAIM FOR TRESPASS
“Generally speaking a claim in trespass is rooted in exclusive possession and all a plaintiff needs prove is that he has exclusive possession of the land in dispute, once a defendant claims ownership of the same land, title is put in issue and the plaintiff, to succeed, must show a better tide than that of the defendant to the land in dispute.” Iguh, JSC.
CASES CITED
1. Amakor v. Obiefuna (1974) 1 NMLR 331 at 3362. Fasoro and Another v. Beyioku and Others (1988) 2 NWLR (Pt. 76) 263 at 271.
STATUTES REFERRED TO
None
