USEN VS BANK OF WEST AFRICA LTD
September 3, 2025ATTORNEY-GENERAL WESTERN NIGERIA VS THE AFRICAN PRESS
September 3, 2025Legalpedia Citation: (1965-01) Legalpedia 69703 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Jan 22, 1965
Suit Number: FSC 628/1964
CORAM
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
S.A.T. TAYLOR & ORS
APPELLANTS
KINGSWAY STORES OF NIGERIA LTD & ANOR
RESPONDENTS
AREA(S) OF LAW
LAND DISPUTE
SUMMARY OF FACTS
The High Court of Lagos after dismissing the appellant’s suit for recovery of possession of the property described in the plan attached to the conveyance dated the 16th December, 1936, and registered under Title No. L00039, now unlawfully occupied by the respondents, the appellant appealed to the Supreme Court.
HELD
Appeal dismissed.
ISSUES
Whether the respondents got a conveyance of the fee simple or only an estate pur autre vie of the tenants for life.
That the trial judge was wrong in finding that the appellants knew of the respondents’ belief that they had the fee simple, for the finding was not supported by evidence, and, as to delay, the appellants could not have sued before the death of the last surviving life tenant.
RATIONES DECIDENDI
Whether the respondents got a conveyance of the fee simple or only an estate pur autre vie of the tenants for life.
That the trial judge was wrong in finding that the appellants knew of the respondents’ belief that they had the fee simple, for the finding was not supported by evidence, and, as to delay, the appellants could not have sued before the death of the last surviving life tenant.
CASES CITED
Lindsay Petroleum Co. v. Hurd (1874) L.R. 5 P.C. 221, 239
Agbeyegbe v. Ikomi 12 W.A.C.A. 383, 386
Erlanger v. New Sombrero Phosphate Co. (1878) L.R. 3 App. Cas. 1218
Nwakobi v. Nzekwu [1964] 1 W.R.L. 1019
Wheelwright v. Walker (1883) 23 Ch.D. 752
STATUTES REFERRED TO
Conveyancing and Law of Property Act, 1881
