Offiong Egbo Archibong Bassey & Ors. V. Chief Ntoe Eteta & Ors (1938)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land—Grant under Native Customary Law—Subsequent leases by grantor to European firms—Claim by grantees to share of rents.

Facts

Plaintiffs, alleging that they were the grantees under Native Customary Law of certain lands extending to the beach at Atimbo on the Qua River, which had, subsequently to such grant, been leased by defendants to European firms, claimed two-thirds share of the rents from such leases. Defendants alleged (1) that such portions of the lands as were ” beach lands ” could not be the subject of such a grant, and (2) plaintiffs at most are entitled to £10 a year only by virtue of an agreement alleged to have been made by the Head of plaintiffs’ family.

Held

(1) Defendants’ contention that ” Beach lands ” could not be subject of grant overruled in view of judgment of Divisional Court in 1915 holding ” permission to use the land extended to the beach.”

2. Defendants not entitled to grant leases, but plaintiffs having adopted the leases are entitled to an equitable share of the rents.
3. Matter not affected by alleged agreement.
4. Such share fixed at two-thirds.