CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH , JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
EUGENE N. NZEKWU AND ANOTHER
PHILIP ANATOGU AND ANOTHER
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
LAND LAW – CROWN LAND-LAW OF EQUITY-LACHES AND ACQIESCENSE
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant knew that the land in dispute belonged to the crown but they continued to build on it. They subsequently sought to set up the equitable defence of laches.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the defence was not available to them.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the defence of laches avails the appellants in the circumstances of this case.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
1. QUIDCQUID PLANTATUR SOLO, SOLO CEDIT
‘For if a stranger builds on my land knowing it to be mine, there is no prin-ciple of equity which would prevent my claiming the land with the benefit of all the expenditure made on it. There would be nothing in my conduct, active or passive, making it inequitable in me to assert my legal rights.’ Per Bairamian F.J
2. LACHES AND ACQIESCENSE UNDER SECTION 31 OF THE CROWN LANDS ORDINANCE
‘It does not matter how late the Crown may be in suing, as the statute of limitation cannot be pleaded. I think that section 31 of the Crown Lands Ordinance was intended to make the Crown’s position better.’ Per Bairamian F.J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Ramaden v. Dyson, L. R. 1 H. L. 129, 140, 141
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Crown Lands Ordinance