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.

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Appeal dismissed.