Caroline Morayo V. C. T. Okiade & Ors (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land—Declaration of title—Estoppel—Acquiescence in adverse possession.

Facts

The facts are set out in the judgment. Of the four grounds of defence the trial Judge found in favour of the appellant on three, but on the fourth based on estoppel the defendants were successful and the action was dismissed.

Held

That having held that the respondents had constructive notice of the appellant’s title, the trial Judge was precluded from finding that acquiescence on the part of appellant operated as estoppel.

Appeal allowed and declaration granted as prayed.