IKE & ORS V. ODUMA & ORS

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80

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

Appeal Dismissed.

5

IKE & ORS V. ODUMA & ORS

FELIX IKE 7 ORS.

V

OKOLO ODUMA & ORS.

APPELLANTS

RESPONDENTS

SUIT NO. FSC 34/1962

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FEDERAL SUPREME COURT.

BRETT, Ag

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C.J.F.

TAYLOR,

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F.J.

COKER,



F.J.

22nd February, 1963.

Land Law - Claim for title - Damages for trespass - Injunction - Defence of

acquiescence - Must fail,

in

the absence of evidence of knowledge of plaintiff

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ISSUE

1. What must be proved before a defence of acquiescence can be upheld by a

court?

FACTS:

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The plaintiffs claimed ownership of a piece of land in dispute by inheritance

from one who was their common ancestor. The plaintiffs, sued the defendants in

the Eastern Region High Court, claiming a declaration of title to the land, damages

for trespass and an injunction. The defendants who also claimed that the land be-

longed to their family, further stated that they had built houses and made planta-

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tions on the land in the belief that they were the owners. The trial Judge regarded

the witnesses for the plaintiffs as credible and thus gave judgment in their favour.

On appeal, the defendants contended amongst others, that it would be con-

trary to natural justice, equity and good conscience to uphold the trial Judge's de-

cision, in view of the fact that they had built houses and made plantations on the

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same land.

HELD:

That

in the absence of any suggestion that the plaintiffs knew of the mistake of

the defendants and still allowed them to act to their own detriment by persisting in

it, the plea of acquiescence of the defendants must fail.

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[As to

defence of acquiescence,

see 16 HALSBURY'S LAWS (4th Edition)

994-995 paras 1473-1474.]

Chief F.R.A. Williams Q.C.

for the Appellants.

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Mr. T.

C.

Umezinwa

with him

Mr. F.K. Nonyelu)

for the Respondents.

BRETT, Ag.

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In this case four representatives of Ezioha Nmaku sued eight

representatives of Obeagu and five representatives of Enugu Nmaku in the High

Court of Eastern Nigeria, claiming a declaration of title to land, damages for

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trespass and an injunction. The High Court granted the declaration of title and the

injunction, and awarded £400 damages against the representatives of Obeagu and

a further £400 damages against the representatives of Enugu Nmaku. The direct

dispute as to title is between Ezioha Nmaku and Obeagu, Enugu Nmaki is