The case of Eze & Ors. v. Owusoh & Ors. (1962) is one of the defining judgments on communal land ownership, trespass, and joint liability under Nigerian customary law. It brings to the fore the enduring principles of land tenure under native law and custom in Eastern Nigeria, the concept of lawful possession, and the binding liability of persons who act in concert to trespass upon land.
This case is not only significant in clarifying the rights of communities over land but also in affirming how courts interpret trespass and liability where multiple actors are involved. For students of land law, customary law, and tort, this case offers a robust precedent that remains influential in Nigerian jurisprudence.
Background and Issues before the Court in Eze & Ors. v. Owusoh & Ors. (1962)
The dispute centered around land ownership and trespass. The plaintiffs, who had earlier obtained a declaration of title and an injunction against the defendants in respect of certain lands, brought a fresh action after the defendants continued to commit acts of trespass despite the subsisting court order.
The plaintiffs claimed £500 in damages for trespass before the High Court. The High Court found in their favor and awarded judgment. Dissatisfied, the defendants appealed to the Federal Supreme Court.
The key issues for determination were
1.Whether persons who hold lands as communal lands under the Native Law and Custom of Eastern Nigeria are deemed to be in lawful possession of such lands for the purpose of an action in trespass.
2.Whether persons who act jointly in committing trespass should be held jointly and severally liable for the damages arising therefrom.
Judgment of the Court in Eze & Ors. v. Owusoh & Ors. (1962)
Delivering judgment on 13th November, 1962, the Federal Supreme Court, constituted by Brett, F.J., Taylor, F.J., and Bairamian, F.J., upheld the decision of the High Court.
The court held emphatically that under native law and custom, communal land ownership carries with it the presumption of lawful possession, thereby entitling the rightful owners to sue for trespass against intruders.
“Persons who hold lands as communal lands under the Native Law and Custom of Eastern Nigeria are deemed to be in lawful possession of those lands for the purposes of an action for trespass.”
On the issue of joint liability, the court reiterated the principle that where two or more persons act in concert to commit trespass, their liability is not only collective but also individual. Each trespasser can be held liable for the full extent of the injury caused.
“Where two or more persons commit an act of trespass, they are all deemed to be jointly and severally liable for any injury sustained by reason of their concerted act and judgment may be awarded against them all jointly.”
Accordingly, the appeal was dismissed and the judgment of the High Court awarding damages to the plaintiffs was affirmed.
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Legal Principles Established in EZE & ORS. V. OWUSOH & Ors. (1962)
This very case settled two fundamental legal principles in Nigerian land and tort law:
1.Lawful Possession under Communal Land Tenure
The court confirmed that communal landholders under customary law are in lawful possession of such lands, and can therefore maintain an action for trespass. This principle affirms the sanctity of communal ownership as recognized by the law.
2.Joint and Several Liability for Trespass
The ruling clarified that multiple trespassers acting in concert are liable both individually and collectively. This means a claimant can recover the full extent of damages from any or all of the defendants, ensuring justice is not defeated by divided responsibility.
The court referenced Tongi v. Kalil (14 W.A.C.A. 331) in support of its reasoning, further grounding the decision in established West African jurisprudence.