Chief Akinlolu Oloto V. T. Akindele John (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Ownership of land—Title not lost by failure to resume occupation upon abandonment by persons occupying land with owners’ permission.

Facts

The plaintiff’s family were the original owners of the land. Subsequently the family permitted people of Ishan to occupy the land. The Ishan people occupied it for a time, and then abandoned the land. The plaintiffs, after the abandonment, did not resume occupation. Some seven or eight years ago the defendant built on the land.

Held

The granting of rights of occupation to the Ishan people did not extinguish ownership. There could be no question of any resumption of ownership, when the right to that interest already existed.

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The appeal is allowed.