Chief Benjamin Nsirem & Anor V. Monday Nwakerendu & Anor (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Arbitrators’ award—meaning of word “owner”

Facts

This was a dispute as to the ownership of land between the people of Andoni, the appellants, and the people of Opobo, the respondents. The appeal depended on the interpretation of an arbitration award by a District Officer in 1939, and in particular on the meaning to be placed on the word “ownership”.

Held

The Court held that the word “owner” is loosely used in West Africa, and in the
present case meant that the respondents have a right of occupancy in accordance with the relevant Native Law and Custom in the settlements concerned, together with the other rights of usufruct in the award.

Appeal allowed. Judgment entered for plaintiff.