Claim for declaration of title a
worded by Native' Tribunal
and'r6v~rsed by Provincial
Commissioner-Plaintiff havi1zg
waited for
12 years before attempting to
establish his right, it is not
extinguished by lapse of
time-appeal allowed.
Held: There was sufficient
evidence upon which the Native
Tribunal could find in
Plaintiff's favour, and their
decision should not be
disturbed.
(2) The Plaintiff has not lost
his right to the declaration by
lapse of time. There is no need
to set out the facts.
W. Ward Brew
for Appellant.
C. F. H. Benjamin for
Respondents.
The following Joint judgment was
delivered :'--
KINGDON, C.J., NIGERIA, PETRIDES,
C J.., GOLD COAST, AND GRAHAM
PAUL, C.J., SIERRA LEONE.
The Plaintiff claimed a
declaration of title to the land
known as Eborhu, an account of
rents received by Defendants in
respect of parts of the land and
an injunction to prevent the
Defendants collecting any more
rents. The Native Tribunal of
the Eguafo State, in which the
suit was brought, found in
Plaintiff's favour and gave him
all he asked. The Plaintiff did
not seek to recover possession
of the land in occupation of
first defendant.
On appeal to the Court of the
Provincial Commissioner, Central
Province, the Provincial
Commissioner reversed the
Tribunal's decision. The main
ground for his decision was that
the first Defendant bought the
land under a Fi. Fa. sale
and got a Certificate of
Purchase. But actually all that
the first Defendant bought was
Kweku Mensah's right, title and
interest in the land. What Kweku
Mensah's right, title and
interest was is a question of
fact and the Native Tribunal
found as a fact that his right,
title and interest were that of
a tenant only. There was
abundant evidence to support
that finding of fact and we see
no reason to disturb it. The
Tribunal also found as a fact
that " Eborhu land belongs to
the Plaintiff." This finding
also i5 fully supported bf the
evidence.
The other point upon which the
Provincial Commissioner based
his decision was that the
Plaintiff waited 12 years before
doing anything to establish his
right. If this were an action to
recover possession, this matter
of " sleeping on his rights"
might have to be carefully
considered, but it is
well·establishet1 Native Law and
Custom that rights of ownership
are not extinguished by lapse of
time, and consequently the
Plaintiff has not lost his right
to the declaration he seeks.
Plaintiff's Counsel in this
Court does not press that part
of the claim which asks for an
account of rents.
The appeal is allowed and the
judgment of the Provincial
Commissioner's Court, including
the order as to costs, is set
aside and it is ordered that, if
any costs have been paid by the
Appellant to the Respondents
under that judgment, they shall
be refunded. The judgment of the
Tribunal of the Paramount Chief
of the Eguafo State is restored,
except that part thereof which
orders the Defendants to render
an account.
The Appellant is awarded costs
in this Court assessed at £34
5s. 3d. but inasmuch as the
judgment of the Tribunal has
been varied in the manner
indicated each 'party will bear
his own costs in the Provincial
Commissioner's Court.
