With Safi Jimba
General Principle of Liability (XV)
Held: inter alia, that an action for trespass to lands is not a strictly personal cause of action as to abate on the death of the deceased plaintiff, since, a trespass to lauds committed during the deceased’s lifetime is an injury to the estate of the deceased, and the cause of action therefore survives his death.
Idegbe J.:
“In support of his contention (counsel for the appellant) cites the maxim of the law, actio personalis moritur cum persona, and also the case of Hodge v Marsh (1938) 1 All E. R. 848).
The above maxim was strictly applied at common law but today in England the effect has, to a very large extent, been reduced by the Law Reform (Miscellaneous provision) Act, 1934. That Act does not apply to this region … section 14 of the High Court Eastern region Law.
TO BE CONTINUED.
