Francis D. Banigo V. Johnson O. Banigo & Ors (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Trespass—Damages for trespass to land—Right of use and occupation, vested in. plaintiff—Evidence of possession.

Facts

The laud in dispute was occupied by certain members of Swiss Banigo family of which, by custom, the plaintiff was the Head. They were authorised to occupy the land on behalf of the whole family. Among them was Walter 13anigo. He died in 1930. After his death some of the members, who are now the defendants-appellants, sought to take and use the land as if it were the private property of Waiter Banigo. In course of the scheme certain acts of trespass were committed, which are now the cause of this action. At no time, in the Court below, was it suggested that there was no evidence of possession by the plaintiff. Thi, Referee to whom certain questions of fact were referred found that the plaintiff was entitled to the use and possession of the land. Acts of trespass admitted in Statement of defence.

Held

Possession of land has been uninterrupted from date of occupation and that acts of trespass had been committed.

The appeal is dismissed with costs assessed at thirty-five guineas.