CORAM
CHRISTOPHER MICHELL CHUKWUMA-ENEH (Lead Judgment) JUSTICE, SUPREME COURT.
PARTIES
1. GODWIN NSIEGE
2. SILAS NSIEGE .
APPELLANTS
OBINNA MGBEMENA
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants and Respondent had a dispute as to who was the rightful owner of the land at No.43 Ikwere Street, Mile 1. Diobu, Port Harcourt.
HELD
The Supreme Court held that the respondents are the owners of the land in dispute
ISSUES
1. Whether the Court of Appeal was right to uphold the judgment of the trial court on the ground of acquiescence
2. Whether the respondent was in possession of the land in dispute
3. Whether the respondents are the owners of the land in dispute.
RATIONES DECIDENDI
EQUITABLE INTEREST WHICH MAY BE CONVERTED INTO A LEGAL ESTATE BY SPECIFIC PERFORMANCE – WHEN IT ARISES
“It is true that the mere payment of money is not sufficient part performance for it is not unequivocal in the absence of the contract. But when this is coupled by his being let into possession of the property, it is to be presumed that he entered into the property not as a stranger and therefore prima facie a trespasser but under a contract for sale, and from this arises an equitable interest which may be converted into a legal estate by specific performance.” Per Oguntade, JSC
EQUITABLE INTEREST-WHEN IT ARISES
“It is settled law that a purchaser of land who has paid and taken possession of the land by virtue of a registrable instrument which has not been registered has thereby acquired an equitable interest which is as good as a legal estate” Per Chukwuma-Eneh, JSC
CASES CITED
Dr. J. C. Okoye v. Dimez Nigeria Limited and Anor (1985) 6 SC 3 at 12; (1985) 1 NWLR (Pt. 4) 783
STATUTES REFERRED TO