CORAM

---

MOHAMMED BELLO, JUSTICE, SUPREME COURT

ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT

KAYODE ESO, JUSTICE, SUPREME COURT

AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT

---

PARTIES

---

KARIMU AYINLA APPELLANTS

---

RESPONDENTS

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

Sometime in January, 1971, the defendants entered the land in dispute, destroyed the plaintiffs structures, drove away the plaintiffs tenants and started building operation on the said land using the plaintiffs block and sand and ignoring the plaintiffs warnings. Both parties traced their root of title to the Ojomo Eyisha family.

---

HELD

---

The Court held that the plaintiff, having been in possession for a long time, the equitable interest thus created cannot be superseded by a subsequent legal estate. In effect, the plaintiff cannot be ousted from possession of the land in dispute

---

ISSUES

---

Whether the plaintiff/respondent, who, on 26th September, 1959 bought the piece or parcel of land situate, lying and being at Fagbile, Odi-Olowo, Mushin, Ikeja District referred to as the land in dispute obtained a conveyance of a fee simple title from his vendor, Chief Ayodele Williams, now deceased, who traced his title to Chief Ojomo Eyisha family and was in possession, could, in 1971 be ousted from possession by the defendant/appellant who bought at a later date, i. e. 1967 not from the Chief Ayodele Williams but from the Chief Ojomo Eyisha family and obtained conveyance from the Ojomo Eyisha family

---

RATIONES DECIDENDI

---

---

Concurrent possession not known to law
There can be no such thing as concurrent possession by two persons claiming adversely to each other A trespasser does not by the act of trespass secure possession in law Per Obaseki, JSC

---

---

Equitable interest with possession supersedes subsequent legal interest
If a party received title to land under native law and custom and entered into possession, and the same vendor conveyed the land to another purchaser executing a deed of conveyance, a claim that the first partys equitable interest was cut off by the latter bona fide purchaser would not be upheld Further if there is proof that money was paid for land coupled with an entry into possession, it is sufficient to defeat the title of a subsequent purchaser of the legal estate if the possession is continuously maintained Per Nnamani, JSC

---

Equitable interest with possession supersedes subsequent legal interest.

---

If a party received title to land under native law and custom and entered into possession, and the same vendor conveyed the land to another purchaser executing a deed of conveyance, a claim that the first partys equitable interest was cut off by the latter bona fide purchaser would not be upheld Further if there is proof that money was paid for land coupled with an entry into possession, it is sufficient to defeat the title of a subsequent purchaser of the legal estate if the possession is continuously maintained Per Nnamani, JSC

---

Concurrent possession not known to law

---

There can be no such thing as concurrent possession by two persons claiming adversely to each other A trespasser does not by the act of trespass secure possession in law Per Obaseki, JSC

---

---

Presumption of accuracy of 20 years old recitals
The recitals and statements which are to enjoy such presumption of correctness must necessarily be contained in some deed or instrument which is 20 years old or more at the date of contract,- i e the date at which the conveyance which it is sought to support was executed The material date is the date of contract Per Nnamani, JSC

---

Presumption of accuracy of 20 years old recitals

---

The recitals and statements which are to enjoy such presumption of correctness must necessarily be contained in some deed or instrument which is 20 years old or more at the date of contract,- i e the date at which the conveyance which it is sought to support was executed The material date is the date of contract Per Nnamani, JSC

---

CASES CITED

---

John Kobina Johnson v. Irene Ayinke Lawanson & Anor (1971) 1 All NLR. 56

Omosanya v. Anifowoske (1959) 4 FSC. 94, 98

Amankra v. Zankley (1963) 1 All NLR. 304

D.O. Idundun & Ors. vs. Okumagba & Ors. (1976) 1 NMLR. Vol. 1

Aromire & Ors. v. Awoyemi (1972) 1 All NLR. 101, 102 and 112;

Kareem vs. Ogunde (1972) All NLR. 73, 77;

---

STATUTES REFERRED TO

---

Land Instruments Registration Law (Cap 64 of the Laws of Lagos State)

Evidence Act

---

CLICK HERE TO READ FULL JUDGMENT