Okon Owon V. Eto Ndon & Ors (1946)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for declaration of title, damages for trespass and injunction—Judgmentfor plaintiff under all three heads as to part of the land—Order for one defendant to remain on land trespassed upon by him on payment of annual dues.

Facts

The plaintiff claimed a declaration of title, damages for trespass and injunction and was awarded such in respect of part of the land. The trial Judge also ordered that eighth defendant should remain in possession of that part of the land on which he had trespassed on payment of annual dues.

The case was virtually one for determination of the boundaries between Amamong and Okopedi communities.
Both plaintiff and defendant appealed.

Held

(i) on plaintiff’s appeal, that the boundary line fixed by the trial Judge ought to have been slightly differently defined in view of his findings and that, as eighth defendant had not counter-claimed, the order in his favour was wrong;

(ii) on defendants’ appeal (a) that the trial Judge was mistaken in attempting to lay down a boundary where no previous boundary had existed, (b) that in granting the declaration of title the trial Judge should have confined himself to ascertaining the area in respect whereof the plaintiff had discharged his onus of proving title: if such area could be conveniently defined, the plaintiff would be entitled to an appropriate declaration, if not he should have been non-suited.

Both appeals allowed and new trial ordered.