Aminu Egbeyemi V. G. B. Ollivant & Anor (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

Rights of purchaser of land sold under writ of fi-fa as against execution creditors when sale set aside as invalid—Principle of caveat emptor—Potior est conditio possidentis.

Facts

The Appellants, in endeavouring to reap the fruits of their judgment against one Oseni, attached and sold certain property. This property was bought by the Respondent. The sale was afterwards set aside by the High Court. The Respondent then sued the Appellants to recover £101 13s. ” being loss sustained as purchase ” money and other expenses ” in connection with the purchase of the property. The trial Judge held that the onus was on the defendants to prove the validity of the attachment and gave judgment for the plaintiff on the ground that they had failed to do so.

Held

(Reversing the decision of the trial Judge) That the principle of caveat emptor applied and that the writ and Statement of Claim disclosed no cause of action. There was no covenant for title ; nor was there fraud or misrepresentation. Appeal allowed and judgment entered for defendants.

The appeal is allowed and judgment entered for defendants. The order for costs in the Court below is also set aside and Defendants-Appellants are awarded costs assessed at 25 guineas in the Court below and at 45 guineas in this Court.