Background
This case arose from a dispute over a property located at House No. 1, 362 Road, FHA Estate Phase III, Kubwa, Abuja. Zest News Limited, the appellant, claimed to be the lawful allottee of the property and sought an injunction to restrain Senator Mahmud Waziri, the respondent, from trespassing or interfering with the property. On issuing the writ, the appellant also filed an application for an interlocutory injunction. However, the respondent moved to strike out the suit, claiming it disclosed no reasonable cause of action.
Issues
The issues for determination included:
- Whether the trial judge was correct in dismissing the appellant’s motion without considering its merits.
- Whether the trial judge erred in refusing to rely on the uncontradicted affidavit evidence presented by the appellant.
Ratio Decidendi
The court held that:
- A limited liability company is distinct from its directors or shareholders, possessing its own legal personality.
- A plaintiff can maintain a suit for trespass as long as they have possession of the land, irrespective of ownership.
- A defendant cannot challenge a trespass suit by raising a jus tertii (claiming the property belongs to a third party).
- An unchallenged affidavit can be relied upon by the court for granting an interlocutory injunction.
Court Findings
The appellate court found that:
- The trial judge erroneously dismissed the appellant’s application for injunction based on the respondent's application, which was improperly filed without any supporting counter-affidavit.
- The unchallenged affidavit evidence showed the appellant was in possession of the property and subject to threats from the respondent.
- The proceedings were mishandled as the respondent attempted to raise a demurrer before the proper pleadings were exchanged.
Conclusion
The appellate court allowed the appeal, set aside the trial judge's ruling, and granted the appellant’s request for an injunction restraining the respondent from trespassing on the property.
Significance
This case underlines the principle that a limited liability company is distinct from its shareholders and directors. It also reaffirms that possession alone is sufficient for a plaintiff to establish a right of action in trespass, and the significance of unchallenged affidavits in legal proceedings.