The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
The question for the court was whether a respondent who never pleaded his entitlement to a defence can be lawfully refused the reliefs he seeks against an appellant.
The respondent claimed title to the land in dispute, alleged trespass against the appellant and sought an injunction. On appeal, the appellant claimed laches and acquiescence against the respondent. This was on the basis that the respondent stood by waiting for the appellant to complete his residential building and moved in before he took legal steps.
The contention of the respondent was that the equitable defence of laches and acquiescence did not arise in the court below and therefore the respondent could not be said to be guilty of any.
This court held that the respondent, from his pleadings and evidence, continued to have the right to exclusive possession of the land in dispute. The appellant violated this right. The appeal was dismissed for lack of merit.
It was further held that the respondent failed to adhere to the rules of pleading in the conduct of their cases, therefore the respondent may not make any case outside the matters he pleaded.
This case concerns a vast tract of land which belongs to the Oloto Royal Family of Lagos, of whom the appellant is traditional monarch and head of family. The appellant sought to set aside a conveyance on the grounds that the deeds of conveyance were fraudulently executed. The court considered whether reliance on the presumptions raised in ss 123 and 150(1) Evidence Act (the act) was justifiable where the purported vendors did not sign the deeds. The court also considered whether the lower court was correct to have sustained the plea of laches and acquiescence against the appellant.
The court held the claimant bears the burden of proof for ownership of land. Further, in terms of s 150(1) of the act, when any judicial or official act is shown to have been done in a manner substantially regular, it is presumed that there was compliance with the formal requisites. The court held that in considering the doctrine of laches the plaintiffs must also consider acquiescence on the plaintiffs' part and any change of the position that has occurred on the defendant's part.
The court found that the respondents failed to tender the original copy of the conveyance containing the actual signatures of the vendors; therefore, reliance on s 123 and s 150(1) of the act is not justifiable. The court also found that the court of equity would come to the aid of the respondent and hold it unconscionable to uproot the respondent from the land.
Accordingly, the appeal succeeded in part, the court set aside the decision by the lower court that the conveyance documents are valid as per the Evidence Act.
In this case court sought to make a ruling on two preliminary objections raised by the
respondents. They were that the two of the nine applicants were not competent to
swear an affidavit on behalf of the rest as the representative order was in respect of the
nine and that the application was barred by time.
The ruling arose from a preliminary objection
raised by the defendant’s counsel where the
plaintiff files a suit after 20years have lapsed
after the defendant defaulted to pay the bonds
even until when they matured.