Alhaji Fasasi Adeshoye V. J. O. Shiwoniku (1952)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Tort—Trespass on land—Person in possession—Trespasser with no title

Facts

In the Court below the plaintiff sued for trespass; the defendant claimed to have purchased the land in fee simple by conveyance. The land was part of a larger area belonging to someone who died intestate; his six children and grandchildren inherited it jointly.

Three of them sold the plot in dispute to a person, from whom the plaintiff bought it and entered into possession. There had been no partition, nor did all the heirs authorise the sale; so the plaintiff’s title was defective.

The defendant purchased the identical plot from two of the children, who gave him a conveyance, claiming to be acting under a deed of partition, but the parties to it were only four out of the six children; so the defendant’s title was also defective but he relied on his having a conveyance to defeat the plaintiff, who had none.

The trial Judge held that the plaintiff being in possession was entitled to maintain a suit in trespass. The defendant appealed.

Held

The validity of the defendant’s conveyance was put in issue; but the grantors purported to convey a title they did not have; the plaintiff being in possession of the land, could maintain a suit in trespass against him.

Appeal dismissed.

Appeal by defendant: No. 3601.
J. I. C. Taylor, with him M. Adekunle, for Appellant.
F. R. A. Williams for Respondent.