Customer Support

OKAFOR & ORS.
V.
NNAIFE

(1987) JELR 56074 (SC)

Supreme Court 16 Oct 1987 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellants, found to be customary tenants of the respondent, were adjudged trespassers by the Onitsha High Court for placing tenants and exploiting economic trees on Ogbundo land without the respondent’s consent; damages and a perpetu

Case Details

Suit Number:SC.89/1987
Judges:KAYODE ESO, JSC ANTHONY NNAEMEZIE ANIAGOLU, JSC AUGUSTINE NNAMANI, JSC MUHAMMADU LAWAL UWAIS, JSC CHUKWUDIFU AKUNNE OPUTA, JSC
Counsel:Mr. M. A. Apampa for the Appellants. Mrs. G. U. E. Peter-Okoye (with her, C. C. Okara and E. O. E. Ekong) for the respondent.

OPUTA, JSC (Delivering the Lead Judgment): The present appellants were defendants in the Onitsha High Court Suit No. 0/107/77. In that suit the plaintiff now respondent claimed as follows:-

“(i) A declaration that the defendants as customary tenants of the plaintiff according to native law and custom have no right, to put tenants on the plaintiffs’ land or farm outside their home- steads or utilize or cut economic trees on the said land without obtaining plaintiff’s permission.

(ii) A declaration that according to the said native law and custom their holdings revert to the plaintiff on their vacating the land.

(iii) N600.00 damages for trespass.

(iv) An injunction to restrain the defendants, their servants and agents from putting tenants on the plaintiff’s land or utilizing economic trees thereon or doing other act therein inconsistent with their position as such customary tenants.”

Pleadings were ordered, filed and exchanged, and after due hearing on relevant evidence the learned trial…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.