CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
WILFRED OKPALOKA BENNETH IFEDIORA EZENDUKA EZE (for themselves & on behalf of the people of Umueze village of Uga) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent trespassed on the appellants portion of land despite the land boundary and previous court judgements on the same subject – matter granted in appellants favour.
HELD
The court held that there was sufficient evidence from which the appellants claim could be established.
ISSUES
Whether the defences of long possession & laches claimed by the respondents were sufficiently proved to give them judgement.
RATIONES DECIDENDI
DEFENCE OF LONG POSSESSION AND LACHES
The defences of long possession and laches are equitable remedies and are open only to those who have no title in law to the land they occupy but have had undisturbed possession over a considerable length of time. But where trespassers knowingly and unlawfully take possession of lands, the defence of laches is not available to them or their successors in interest who persist in their original trespass.PER OBASEKI JSC
CASES CITED
NWAKOBI & ORS V. NWEKE & ORS (1961) LL NLR 445
RAMADAN V DYSON L.R 1 H.L 129
PRINCE OF WALES V. COLLON (1916) 2. K.B 203
CRAIG V CRAIG (1967) HMLR 52
DUDU V. OGUNREMI (1967) NMLR 182
V.A LAWAL V. CHIEF YAKUBU DAWODU & ANOR (1972) I ALL NLR (PT 2) 270
FATOYINBO & ORS V. WILLIAMS ALIAS SANNI & ORS (1956) FSC 87
AJAYI & ORS V. PABIEKUN & ORS (1970) 1 ALL NLR 142
STATUTES REFERRED TO
None.