O.K.O. MOGAJI & ORS V. CADBURY NIGERIA LTD. & ORS. (1985) SC.129/1984

Fact of the Case

The plaintiffs in the case brought an action against the defendants and their agents for wrongfully entering the plaintiffs’ land along Ikeja/Isheri Road, Ikeja cleared the land and erected sheds thereon.

Issues

Damages for trespass, in that, sometimes in the month of October 1965, the defendant and their servants and agents wrongfully entered upon the plaintiffs’ land along Ikeja/Isheri Road, Ikeja, cleared the land and erected sheds thereon.

An injunction to restrain the defendants, their servants and/or agents from committing further acts of trespass on the said land

Ratio Decidendi

Proof of Ownership: Proof of ownership is prima facie proof of possession, the presumption being that the person having title to the land is in possession.

Ownership: Possession may under section 145 of the Evidence Act give a presumption of ownership but it does not do more and cannot stand when another proves a good title.

Whether the question of jurisdiction of trial court can be raised for the first time on appeal:New points which “involve substantial points of law, substantive or procedural, and it is plain that no further evidence could have been adduced which would affect the decision of them” may also be allowed to be raised for the first time.

Acquisition of Land under Customary Law: Property is acquired under customary law either by settlement, by inheritance by grant or by sale.

The trial court held in favour of the defendants. Dissatisfied with decision, the plaintiff filed a notice of appeal against the judgment to the Court of Appeal. The Court of Appeal dismissed the Appeal. On appeal to the Supreme Court, the court dismissed the Appeal and awarded cost to the respondent.

BY: RESOLUTION LAW FIRM