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ELI OYAH & ANOR V. VINCENT W.O. IKALILE & ORS

(1995) JELR 35517 (SC)

Supreme Court  •  SC.51/1988  •  11 Jul 1995  •  Nigeria

Coram
MOHAMMED BELLO JSC; SALIHU MODIBBO ALFA BELGORE JSC; UTHMAN MOHAMMED JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
E.O. Sofunde, SAN (with him, A. Eghobamien, Esq.) - for the Appellants For Appellant Professor A.B. Kasunmu, SAN (with him, O. Blaize, Esq.) - for the Respondents. For Respondent

Judgement

IGUH, J.S.C. (Delivering the Leading Judgment): In the Port Harcourt Judicial Division of the High Court of Justice, River State, the plaintiffs, who are now the respondents, for themselves and on behalf of the Okuru Ikalile family of Okrika, caused a writ of summons to issue against the appellants who therein were the defendants, claiming as follows:-

"(1) N1,000.00 general damages for trespass in that the defendants on or about the 7th of January, 1977, without leave or licence of the plaintiffs broke into and entered IDONI POLO (ORUBOKOKIRI) situate at Okrika Island which parcel of land is in the peaceable possession of the plaintiffs and commenced a concrete block building.

(2) A perpetual Injunction to restrain the defendants their servants and or agents from committing further acts of trespass on the said "Idoni Polo" land."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

At the subsequent trial, the plaintiffs testified on their own behalf and cal…

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