Odunuwe & Ors V. Uduaga Of Isheagu (1952)
LawGlobal Hub Judgment Report – West African Court of Appeal
Jurisdiction—Native Court—Claim for trespass—Claim for injunction within jurisdiction—Claim for damages of amount beyond jurisdiction.
Facts
The respondent as plaintiff in the Native Court sued claiming (1) an injunction to restrain trespass on a stream, and (2) £100 as damages for trespass; and the Court granted him the injunction and £50 as damages.
The claim of £100 as damages was beyond the Court’s jurisdiction; it was limited to £50. The Court had jurisdiction to grant the injunction.
The defendants applied by certiorari to quash the proceedings; the Judge refused the application in respect of the injunction and only quashed that part of the judgment which awarded damages.
The defendants appealed, and their argument was that the main claim was for damages for trespass, that the claim for an injunction was ancillary, and as the Native Court had no jurisdiction to hear a claim for £100 damages, it had no power to hear evidence as to trespass and grant an injunction.
Held
There were distinct and separate claims, and an injunction could be granted though no damage had been caused. The main issue at the trial was as to which party had the exclusive right to user of the portion of the stream in dispute, and the claim for damages depended on plaintiff’s establishing his right and therefore his claim for an injunction: the damages were claimed as an ancillary relief.
Appeal dismissed.
