Okorie Uwalaka & Ors V. Ngwuliaku Agba & Ors (1955)
LawGlobal Hub Judgment Report – West African Court of Appeal
Title to land—estoppel—interested persons not party to action—compromise.
Facts
This was a land dispute in which there have been numerous cases over a period of 20 years. The question of equitable estoppel arose, but the trial Judge did not decide the case on estoppel but on the facts, and found that the plaintiffs/appellants had failed to discharge the burden of proof and dismissed the claim.
Held
The Court below was right in dismissing the claim on the facts.
Note: The judgment also dealt fully with the doctrine of estoppel as it affected persons not actually parties to the suit in cases where the action was compromised.
Appeal dismissed.
