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EKPAN & ANOR.
V.
AGUNU UYO & ORS.

(1986) JELR 46553 (SC)

Supreme Court 2 May 1986 Nigeria
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- The main issue in this case is the absence of locus standi for the plaintiffs/respondents to bring the action for trespass and injunction. - The claim before the High Court was for damages for trespass and an order of perpetual injunction

Case Details

Suit Number:SC.174/1984
Judges:ANDREWS OTUTU OBASEKI JSC ANTHONY NNAEMEZIE ANIAGOLU JSC AUGUSTINE NNAMANI JSC BOONYAMIN OLADIRAN KAZEEM JSC SAIDU KAWU JSC
Counsel:Dr. S.S.G. Enemeri For the Appellant; Chief J. A. Ororho For the Respondent.
Other Citations:Ekpan v. Uyo (1986) NWLR (Pt. 26) 63


OBASEKI, J.S.C. (Presiding and Delivering the Leading Judgment): The main issue raised for determination in this appeal is as to the absence of any locus standi in the plaintiffs'/respondents' to institute the proceedings in respect of which the judgment delivered in the High Court led in the first instance, to the appeal to the Court of Appeal, and now, in the second instance, a further appeal to this Court from the judgment of the Court of Appeal.

The claim before the High Court of Bendel State, Sapele, was a simple claim of damages for trespass and an order of perpetual injunction. More particularly, the endorsement on the writ of summons reads:

"The plaintiffs claim from the defendants jointly and severally as follows:
(a) ₦200.00 damages for trespass as a result of the defendants' entry in February and March, 1975 into the plaintiffs' land at Okweka village in Jesse clan within the Sapele Judicial Division to plant food and economic crops without the consent of the plaintiff. …

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