CIVIL PROCEDURE — Injunction — Ancillary Relief — Grant of Injunction Consequential to Finding of Trespass
Ratio Decidendi
Per Ogbuagu, JSC (adopting Belgore, JSC), in Omotayo v. Co-operative Supply Association (2010) NLC-123-155-2002(SC) at p. 12; Paras B–C:
"Consequent upon finding in trespass there must be verdict of perpetual injunction asked for. Similarly for trespass there must be an award of damage."
Explanation / Scope
This principle establishes that where trespass is found, the court must grant the injunction sought and award damages. An injunction is a consequential remedy following a finding of trespass. The principle applies in trespass claims where injunction is sought. It ensures that the plaintiff’s possessory rights are protected. The principle reflects that trespass is an injury to possession. It prevents continued trespass. The court must grant both remedies. The principle provides guidance on reliefs in trespass actions. It ensures that the plaintiff receives full protection.