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CaseLaw

Odulola V. Ashcroft (1978) CLR 11(e) (SC)

Judgement delivered on November 24th 1978

Brief

  • Claim for ownership of property
  • Representative action
  • Customary land
  • Possession and acts of ownership
  • Laches and acquiescence

Facts

Plaintiffs represent the Ibikunle Family of Ibadan, who supposedly had a large tract of land by virtue of settlement of their ancestor, one Balogun Ibikunle in the 19th century. This claim to ownership under custom¬ary law was not disputed.

The land, which was the subject matter of the case, had been in the possession of the 1st defendant and her predecessor in title from 1900.

It was also com¬mon ground that as far back as 1900, or as the plaintiffs admitted, there had been a building on the land since 1915 by the predecessor in title of 1st defendant/respondent. It was also common ground that no rent was paid to either the ICC or the plaintiffs by the 1st defendant, it was conceded that the land had been in possession of the 1st defendant for either 69 years or 54 years and that the possess¬ion was never disturbed, it was conceded further that 2nd defendant/respondent built a large building costing £70.000 on this land, which extended to an adjoining land. Chief Chukura's argument was that the possession of 1st defendant/re¬spondent was disturbed during the reign of Bale Abasi (1930-46) during which the plaintiffs/appellants negotiated with the Bale and Council for payment of rent or compensation. No evidence was given, and, counsel did not urge on us, that the 1st and 2nd defendant/respondent ever had knowledge of the negotiations.

The plaintiffs' filed claims for:-

  • 1
    declaration of title; and
  • 2
    possession against the defendants, who in their defence raised the plea of laches and acquiescence.

    • The learned trial Judge held that the claims of the plaintiffs could not be sustained in view of the defence of laches and acquiescence.

    On appeal to the Western State Court of Appeal, the judgment of the High Court was upheld.

Issues

Whether concurrent findings of fact of adverse possession for over 50 years is...

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