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CaseLaw

Ukpe Ibodo V. Enarofia (1980) CLR 6(b) (SC)

Judgement delivered on June 20th 1980

Brief

  • Application for leave to appeal
  • Defect of title
  • Concurrent findings of fact
  • Nemo dat quod non habet

Facts

The substratum of the appellant/applicants' case was that the land in dispute came into their ownership by a disposition of the land (whether by sale or pledge - a matter hotly contested) to their predecessor-in-title Aboiyigbe, by one Okpako who supposedly came from the Respondents family, on a payment, by Aboiyigbe, to the said Okpako a sum of £6. The Applicants (from what can be gathered from the judgement of the Court of Appeal) claimed that Okpako sold the land to Abioyigbe while the Respondents claimed it was a pledge which Okpako had no right to make. Now, this Okpako, subsequent to the transaction, testified on oath before the District Officer, Mr. Harry Maddocks, in the proceedings, Suit No. 12/24 (said to be Exhibit B) and swore that he had no right to dispose of the land to Aboiyigbe; that he sold the land to Aboigbe on an erroneous belief that it belonged to his father and the Respondents' Narofia's ancestral father both of whom he had thought were related, a fact he later found to be wrong; and that on discovering the error he paid back the £6 by paying it into Sapele Native Court, on the orders of that Court, for the benefit of Aboiyigbe. The court of Appeal quoted the evidence of Okpako before Mr, Harry Maddocks as follows:

  • Okpako: Sworn, States: Formerly my father and Narofia's father lived together at Amukpe and used the land. After their death I sold the palm bush as I thought it belonged to us all. I did not sell it all now Okotie claims it all (note so also does Narofia). During the time I sold the palm bush I considered we were all related myself and Narofia but afterwards I found out we weren't. I thought this as our fathers lived together. We were born in Asagba's town (Amukpe) but I went to Kogbrode when my father died, Narofia lives at Ogeraye (village of Amukpe) and Okotie lives at Egbeku (another village of Amukpe). Iyayerubo is the boundary fixed by the Sapele Chiefs between the piece I sold and the piece I did not. Many years ago I redeemed back the piece I had sold and case was taken to Sapele N.C. they said the money should be brought to court and paid £6 to the Court.
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