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NATURE OF CONTINUING TRESPASS

Dictum

In CHRISTOPHER OBUEKE & ORS. v. N. N. NNAMCHI & ORS. (2012) 12 NWLR (PT. 1314) P. 327 Onnoghen, JSC (as he then was) explained it further thus: “Also settled is the principle of continuity of trespass or successive acts of trespass constituting separate and independent
actionable wrongs in trespass. It follows that where there is continuity of acts of trespass, successive actions can be maintained by a Plaintiff from time to time in respect of the continuance of the trespass. See ADEPOJU v. OKE (1999) 2 NWLR (Pt. 594) 154 at 169. It is from a combination of the above principles that emerged the doctrine of continuing trespass giving rise to action from day to day as long as the wrong lasts. In such a situation/circumstance an action for trespass cannot be defeated by a plea of limitation of time-in this case the assertion that the trespass has been on for more than six years.”

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