J. R. O. Larbi & Ors V. Opanyin Opone Kwabena & Anor (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Execution—-Sale of third person’s property.
Damages—Separate against several tortfeasors for distinct torts.
Estoppel—Need to but record in – Paying rent in ignorance of rights to prevent ejection.

Facts

The first appellant having obtained judgment against X, caused land belonging to the first respondent, on which the second respondent had built under a demise, to be seized and sold through the second appellant as auctioneer to the third appellant as agent of the purchaser. The trial Judge granted the respondents a declaration of title to the land and the building respectively and awarded the second respondents separate damages against each appellant.

The appellants submitted that (a) the respondents having failed in several interpleader proceedings against the first appellant were estopped from suing, (b) the second respondents had acknowledged the first appellant as their landlord by paying rent to him, and (c) that there should have been only one amount of damages against all the appellants as joint tortfeasors.

Held

(1) Estoppel failed as (inter alia) no full record of any interpleader proceedings had been put in so as to lay a foundation for the submission.

(2) The second respondents paid rent to prevent ejection and in ignorance of their rights, which did not deprive them of their property.

(3) The appellants were guilty of separate and distinct acts of trespass, consequently separate amounts were right.

Appeal dismissed.