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WHERE NECESSARY, SURVEY MAY BE TENDERED TO PROVE TRESPASS

Dictum

So, apart from the weak ipse dixit of the appellant that the 1st respondent was occupying Nos. 146 and 147 (which are indeed plots 91 and 93) and that the 2nd respondent was occupying No. 145 (i.e. plot 89), there is nothing to actually demonstrate this by a proper survey plan showing encroachment particularly as the respondents throughout denied being on any part of the appellant’s land, There is no evidence of any threat by any of them to invade the appellant’s right to the said plots 89, 91 and 93 in L.G. DaCosta Layout, Onike, Iwaya, Lagos State. The appellant has been unable to prove any act of the respondents upon which an order of injunction and award of damages against them can be based. Had he succeeded in doing so, the respondents would have been adjudged trespassers since the appellant whose title to the land is not in doubt has accordingly established his right to possession by virtue of that title.

— Uwais, JSC. Onagoruwa & Ors. v. Akinremi (2001) – SC.191/1997

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