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CaseLaw

Skye Bank Plc V. Akinpelu (2010) CLR 3(e) (SC)

Judgement delivered on March 5th 2010

Brief

  • Duty to succeed on strength of brief
  • Issues foemulated by parties
  • Trespass and injunction
  • Title to land
  • Bindingness of pleadings
  • Defamatory publication
  • Tort of libel

Facts

The case of the Respondent at the trial Court was that the Appellants pasted an Auction Notice on his property when he was in no way indebted to the 1st Appellant. It was his contention that the action of the Appellant amounted not only to trespass but also to defamation of his character. He gave evidence on his own behalf and called a witness, Ayodele Akinbiyi who gave evidence that he saw the Auction Notice which did not have the name of the Respondent but had the name of one Oshinowo as the debtor. He said that as a result of the notice he avoided contact with the Respondent.

The case of the Respondent at the trial Court was that the Appellants pasted an Auction Notice on his property when he was in no way indebted to the 1st Appellant. It was his contention that the action of the Appellant amounted not only to trespass but also to defamation of his character. He gave evidence on his own behalf and called a witness, Ayodele Akinbiyi who gave evidence that he saw the Auction Notice which did not have the name of the Respondent but had the name of one Oshinowo as the debtor. He said that as a result of the notice he avoided contact with the Respondent.

The 1st Appellant gave evidence through the 2nd Appellant that they mistakenly pasted the Auction Notice on the property in question.

The learned trial Judge in his judgment found as a fact that the Respondent was not in possession of the property in question at the time the Auction Notice was pasted but one Mr. Adeyeri who had bought the property. He therefore dismissed the claim for trespass. He however found the libel proved and awarded N20,000 damages against the Appellants in favour of the Respondent. He also made an order of perpetual injunction restraining the Appellants from future violation of the Respondent's rights to the property and publication of offensive material.

The Appellants were dissatisfied with the judgment and appealed to the Court of Appeal, Ibadan Division which granted the Appellants leave to argue the appeal on their brief alone as the Respondent failed to file a brief. The Court of Appeal dismissed their appeal on the 23rd May, 2002.

The Appellants still dissatisfied further appealed to this Court.

Issues

  • 1
    Whether the lower Court was right in holding that the Respondent was...

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