EWULUM v AKINKUGBE- 2008 LPELR -346 SC

PRINCIPLE OF LAW– LEGAL IMPLICATION OF RESORTING TO SELF HELP TO RECOVER PREMISES AND WHEN AN AWARD OF DAMAGES WILL BE INTERFERED WITH BY AN APPELLATE COURT.

The Supreme Court held that a landlord who resorts to self-help in a bid to recover possession of the premises tenanted by him, runs foul of the law and is liable in damages. Further, although appellate Courts are generally very much reluctant to exercise their power and attempt to reassess the amount of damages which a trial Judge has awarded, the Appellate Courts will exercise that power when it is established that the trial Judge proceeded upon a wrong principle of law or that the award was clearly an erroneous estimate since the amount is manifestly too large or even too small.