With Safi Jimba
General Principle of Liability (XIV)
Held: No felony committed, and that only assault, a misdemeanour, had been committed and the magistrate correctly refused a stay of proceedings.
ACTION PERSONALIS MORITUR CUM PERSONA
An action for trespass to lands is not extinguished by death, it not being a “strictly personal” action.
- Inua v. E. E. Nta; and by Order of Substitution,
- Imua v. B. Asuquo
(1961) 1 All N.L.R. 576
High Ct (East) – Idegbe J.
- E. Nta brought a successful action for trespass to lands against the appelant at Ikot Omin Native Court. The appeallant made a successful appeal to the Calabar Native Court of Appeal. E. E. Nta then appealed to the magistrate’s court against the reversal opf tyhe judgement, but died before the appeal was heard, and his heir-at-law and sucessor in interest, B. Asuquo, applied for an order that she be substituted for the deceased plaintiff to prosecute the appeal. This application was granted by the magistrate, the appeal was allowed and the judgement and order of the trial court was restored. The appealant now appealed, contending inter alia that the action being a personal action, the magistrate was wrong in allowing B. Asuquo to be substituted for E. E. Nta.
To be continued
