Elisha Olatunde Griffin v. Joseph Idowu Talabi (1948)

LawGlobal Hub Judgment Report – West African Court of Appeal

Trespass—Both parties setting up title–Oloto Chieftaincy land—SupremeCourt Ordinance, section 17—Purchase receipt followed by conveyance—Applicability of native law and custom or English law.

Facts

The appellant, as plaintiff, claimed under a sale in execution where the buyer at the sale obtained a certificate of purchase dated 23rd February, 1945, and subsequently conveyed to the appellant. The respondent claimed under a purchase receipt dated 16th August, 1928, whose holder subsequently conveyed to the respondent, Chief Oloto joining in the conveyance.

The trial Judge held that the respondent had proved a prior title and dismissed the claim.

Held

On appeal, that the legal estate had passed to the buyer at the execution sale and subsequently to the appellant; that the purchase receipt affected only the equitable interest in the property and that the purported conveyance of the legal estate by Chief Oloto who was not the owner of the legal estate at the date of the conveyance was of no effect.

Appeal allowed.