Unlawful Ejection

It is not enough to complain that evidence was wrongfully rejected. Wrongful rejection of evidence will not alone constitute a good ground for reversing a decision. The party complaining must also show that if the evidence had been admitted the decision in question would have been otherwise. See: Idundun v. Okumagba (1976) 9-10 SC 227. The judgment of the court below cannot be reversed merely because of the rejection of the alleged evidence. It must appear to the court on appeal that had the evidence, so excluded been admitted it may reasonably be held that the decision could not have been the same. See: Section 22(2) of the Evidence Act.

There needs be no relationship of landlord and tenant between him and the appellants before he can maintain an action in detinue or wrongful ejectment against the said appellants. This is because the right to approach the courts for redress against a legally recognised wrong belongs to all and every citizen and any person who alleges an infringement of any of his legal rights may seek redress in any court of law. See: Chief Shittu v. The Solicitor General of Kwara State (1984) 5 NCLR 661.

It is clear that the issue of tenancy or sub-tenancy is totally irrelevant to and has no direct relationship whatever with the tort of either detinue and conversion. Similarly, a claim for damages for wrongful or forcible ejection does not necessarily involve the existence of a tenancy relationship nor does such tenancy relationship constitute an essential precondition or ingredient to a successful prosecution of the action. A plaintiff in an action for wrongful or forcible ejection needs not therefore be a tenant; and one in lawful possession of land may maintain an action in wrongful ejectment notwithstanding the absence of a landlord and tenant relationship between the parties. Indeed, a trespasser in possession of land may, in an appropriate case, such as where the defendant is a stranger or has no title in himself thereto, maintain an action in forcible ejectment against him.