LEGAL PRINCIPLE: EQUITY & TRUSTS – Injunctions – Grant of Perpetual Injunction Based on Title and Possession
PRINCIPLE STATEMENT
Once a court declares a party the owner in possession of land, it is entitled to grant a perpetual injunction to restrain further acts of trespass.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Eze v. Obiefuna (1995) NLC-1321989(SC) at p. 19; Paras D--E.
"The learned trial Judge, having declared the respondents the owners in possession of the land in dispute, was perfectly entitled to make an order of perpetual injunction against the appellants to restrain them from further acts of trespass on the land in dispute."
EXPLANATION / SCOPE
A declaration of title and possession supports a perpetual injunction. The court may restrain future trespass. The principle applies to land disputes. The injunction protects the owner’s rights. The court must find that the plaintiff has a legal right to protect. The injunction is discretionary but should be granted where trespass is established. The rule prevents repeated litigation. The defendant will be restrained from further interference. The principle promotes finality in land disputes.