Mumuni Abudulai V. Ramotu Manue (1945)

LawGlobal Hub Judgment Report – West African Court of Appeal

Action for declaration of title to land—Long occupation by defendant—Conflicting evidence of title—Trial Judge’s findings.

Facts

Respondent (Plaintiff in the action) sued for a declaration of title to certain land occupied by Appellant, claiming that it had been sold to her father, who later let it to Appellant’s father, after whose death it remained in Appellant’s occupation. Respondent went away but on her return Appellant claimed that the land had been sold to his father ; he also pleaded long possession, laches and estoppel. The evidence was conflicting but the trial Judge found in Respondent’s favour, and the Appellant (Defendant in the action) appealed.

Held

that the trial Judge’s finding of fact would not be disturbed as it could be supported by the evidence.
Held also, that in a claim solely for declaration of title the onus to prove acts of ownership is only thrown upon the plaintiff where the other evidence of title is inconclusive or lacking, and does not. arise where the plaintiff relies upon and proves title by grant.

Subject to this amendment the appeal is dismissed with costs assessed at 20, guineas.