“It is clear that it is only whenever certificate of Occupancy has been granted or is deemed granted and a holder of such certificate is desirous to transfer, assign, mortgage, lease and sublease of the land that is subject of such certificate that the Governor’s consent is required under the said section”. 486 0 obj <>/Filter/FlateDecode/ID[<109598E4B5611749AA8CE9C59440622E><84189AD8E04DF244A000B3A1B0A1E5DC>]/Index[471 41]/Info 470 0 R/Length 81/Prev 390636/Root 472 0 R/Size 512/Type/XRef/W[1 2 1]>>stream Dissatisfied, the Plaintiff/Appellant has appealed to Supreme Court. PER UMAI BAYANG AKAAHS, CONCURRENT FINDINGS OF LOWER COURT – ATTITUDE OF THE SUPREME COURT- WHEN TO DISTURB, “The law is now fully established that the Supreme Court will not normally disturb the concurrent findings of two lower courts except it is shown that it has occasioned a miscarriage of justice or it is perversely arrived at”. Dissatisfied, Plaintiff/1st Respondent filed an originating summons at the Federal High Court, for the determination of five questions and the grant of seven reliefs. The Plaintiff/1st Respondent won the primaries as the candidate to represent Buruku Constituency of Benue State House of Assembly in the general election. Employers gave C notice to quit & took possession of property but C forceably re-entered, Facts: D layed a concrete driveway over the holes where fence posts had once been placed, Facts: D leaned a ladder against C's wall, Facts: D allowed fox hounds to run onto the land owned by C without C's consent, Facts:C parked his car on a private car park & refused to pay money to have the clamp removed from his car. Irrespective of the press release confirming the Plaintiff/1st Respondent’s emergence as the winner, the State Secretariat of the party replaced her name with the 1st Respondent/Appellant’s name as having won the election and a certificate of return was issued to him. View Trespass to Land cases.docx from BUSF 2206 at Sunway College Johor Bahru. PER CLARA BATA OGUNBIYI, “The issue of the jurisdiction of the trial court to entertain the originating summons ab initio is fundamental to the competence of the appeal before this court. Ashland County District Attorney Kelly McKnight says the Bad River Band of Lake Superior Ojibwe has the right to survey land in a proposed mining area in Ashland County. It is actionable in the courts whether or not the claimant has suffered any damage (unlike other causes of action in civil law). NNAMCHI & 2ORS, Attitude Of The Supreme Court To Concurrent Findings Of The Lower Courts, Circumstances Where A Ground Of Appeal Alleges Error In Law, DISCLOSURE OF BREACH OF FUNDAMENTAL RIGHT, Effect Of Carrying Out An Act Out Of Time, Final Court Of Appeal In Election Petition, Jurisdiction of the National Industrial Court, Meaning Of ‘Golden Rule’ Of Interpretation, Nature Of Oath Of Allegiance Vis-À-Vis The Election Into Office, Public Officers Protection Law Of Northern Nigeria. 471 0 obj <> endobj PER KUDIRAT MOTONMORI OLATOKUNBO KEKERE -EKUN, “It is also trite that where the court lacks jurisdiction, parties cannot confer jurisdiction by consent or acquiescence”. Create a free website or blog at WordPress.com. TRESPASS CANNOT RIPEN TO TITLE TO LAND. f 1�Hj��* �g`���y�X����D/0 Adesola Vs Abidoye (1999) 14 NWLR (Pt.637) 28: Amadi VS Nwosu (1992) 5 NWLR (Pt.241) 273; Bunge VS Gov. Trespass to land is one of the oldest actions known to the common law and consists of any unjustifiable intrusion by a person upon the land in possession of another. Posts about Trespass To Land Cases written by vincent0225. Once there is sufficient evidence on record from which the trial court arrived at its findings of fact, the appellate court cannot interfere”. After Lawful entry to a property, a licensee may act outside of his or her license by performing actions not stipulated within the agreement. For example, in the case of Bond v Kelly (1873), the defendant was found to have committed Tort Trespass to Land …
The suit was resolved on the basis of the affidavit evidence before the Court and judgment was entered in favour of the Plaintiff/1st Respondent. (Pt. 109) 250 at 266, Owoniboys Technical Services V. Union Bank of Nigeria (2003) 15 NWLR (Pt. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The Court ordered that the Plaintiff/1st Respondent’s name be returned as the lawful aspirant and that she should be issued with a certificate of return. 230) 444, Posu V. State (2011) All FWLR (Pt. PER MOHAMMED, JSC, Adegoke Motors Ltd. V. Adesanya (1989) 3 N.W.L.R. They were asked to leave the public road but didn't, Facts: Claimant used highway to spy on race horses training, Facts: Duke held grouse shoots on land. CUSTOMARY LAW – TRESPASS-LIMITATION OF ACTION “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” Dissatisfied, the 2nd Defendant/Respondent appealed to Court of Appeal whiles the Plaintiff/Appellant also cross-appealed. 511 0 obj <>stream 84;(1974) 1 ALL NLR (Pt.l) 35; Jadesimi Vs Okotie-Eboh (1986) 1 NWLR (Pt.16) 264; Obiuweubi Vs CBN (2011) 7 NWLR (Pt.1247) 465, Onyejekwe V. The State (1992) 3 NWLR (Pt. CUSTOMARY LAW – TRESPASS-LIMITATION OF ACTION, “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”. endstream endobj startxref Facts: a building site left cranes in such a way that they swung and blew over the roofs of people's properties. It will download the Latest Cases into your ipad. PER UMAI BAYANG AKAAHS, “Where a court of trial unquestionably evaluates the evidence and justifiably appraises the facts, what the Court of Appeal ought to do is to find out whether there is evidence on record on which the trial Court could have acted. Two police officers on duty in a police car observed two women in the street who appeared to be soliciting for the purpose of prostitution. PER UMAI BAYANG AKAAHS, “Documentary evidence is used as a hanger from which to test the veracity of the evidence whether given orally or by deposition”. “It is settled law that trespass is an infraction of the right of exclusive possession to land and as the appellant there has been put in exclusive possession of the aforesaid land, an action in trespass is certainly maintainable by him by virtue of his rights against any trespass who in law cannot claim to be in possession by mere entry which is complained of by the appellant”. 565) 234, SLB Consortium Ltd. Vs NNPC (2011) 9 NWLR (Pt.1252) 317, The Constitution of the Federal Republic of Nigeria 1999 (as amended). The Respondents/Appellants’ appeal to the Court of Appeal was dismissed and the judgment of the trial court affirmed, hence they further appealed to the Supreme Court. 995) 573″. PER AKAAHS, JSC, For enquiries:Email: email@example.com, ORHENA ADUGU GBILEVE & ANOR VS MRS. NGUNAN ADDINGI & ANOR, LEGALPEDIA CITATION: LER SC 193/2012, LEGALPEDIA CITATION: LER SC 179/2007, LAND LAW-CERTIFICATE OF OCCUPANCY, TRESPASS, APPEAL, LAW OF EVIDENCE-BURDEN OF PROOF, “The law is trite that a party will not be allowed to introduce an issue in this Court which was not raised and pursued in the Courts below thereby setting up an entirely new case in his appeal before his Court”. Protesters on the highway were scaring grouse away, Facts: C&D made agreement that C would take over property after D. C went into property early and was ejected, C said it wasn't D's right, Facts: C was paid £75 a year for managing and living in premises owned by employers. Start studying Trespass to Land Cases. When a trespass is alleged, it is for the trespasser to justify the ‘trespass’ to avoid the consequences; for instance, they have a licence to occupy the property, or a legal right of way across someone’s land. Facts: D mistakenly mowed some of C's grass. Click on Subscribers Update at the bottom of the screen, Click on the book “Latest Supreme Court Cases”. PER CHUKWUMA- ENE J.S.C. 1d'01�:0�g�Jо�/�z��C�Cl� ���!�� 5֓��4#yiu��*��5Ӭs����gV��B� E. The trial Court struck out the name of the 2nd Defendant/Respondent from the suit and entered judgment for the Plaintiff/Appellant. Land includes any buildings and fixtures attached to the ground like houses, walls, standing crops, the ground itself, the airspace above and the ground below to a reasonable height or depth in relation to the normal use of the land.
844)545 at 583.
In civil law, trespass to land consists of any unjustifiable intrusion by a person on the land in possession of another. Click to subscribe to this blog and receive notifications of the latest Supreme Court Cases by email. %%EOF WHEN RELIEF IS NOT SPECIFICALLY PLEADED.
(Grounds 2), “Where the conflicting evidence can be resolved from the documentary evidence the need to call oral evidence becomes unnecessary”. River State (2006) 12 NWLR (Pt. Facts: Hot air balloon passed over the top of houses, Facts:D was part of a peaceful protest. Whether the lower court was correct to have affirmed the jurisdiction of the trial court to entertain 1st Respondent’s suit (Grounds 6 & 7), Having regards to the facts and evidence adduced in this case coupled with the applicable law, did the 1st Respondent prove her case to be entitled to judgment as decided by the trial court and affirmed by the lower court? Reasons For Decisions Of Courts Must Be Provided On Time.
h�b```f``������v�A���b�@̱ ̝���SQ�� �0�b���X\�tww+ �biR2Y�S����nb$|��ʀc�eY� .q� z.���\o��.�4���C�M�3^pt$/T`P��h``� �@������� ! This reflects the fact that in the past trespass was likely to lead to a breach of the peace. Facts: Defendant flew over the claimant's house and took pictures which he then tried to sell to the claimant, Anchor Brewhouse Developments v Berkley House (Docklands) Development. PER KUDIRAT MOTONMORI OLATOKUNBO KEKERE -EKUN.
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