[1976]DLCA371 • June 29, 1976 • Court of Appeal
BOU-CHEDID vs. YALLEY
In 1940, Miss Wilhemina Williams agreed to sell a plot of land at Aboom Wells Road, Cape Coast, to Mrs. Nancy Yalley (plaintiff). The purchase price of £40 was paid in full, but no deed of conveyance was executed before Miss Williams' death in 1941. Litigation over her estate ensued, and the codefendant, her widower, was granted letters of administration in 1947. The plaintiff took possession of the land and successfully defended her claim against others between 1950 and 1955. In 1972, the plaintiff discovered building operations on the land by the defendants and sued for trespass. The defendants appealed the High Court judgment in favor of the plaintiff.
read moreJUDGMENT OF ARCHER J.A. This appeal involves two legal points (a) whether an equitable owner in possession can maintain an action in trespass and claim damages, and (b) whether the personal representative of the deceased from whom the equitable owner derives his title can defeat the equitable title by claiming priority because the legal estate is vested in him, the personal representative. The facts briefly are as follows: In 1940, Miss Wilhemina Williams, agreed to sell a piece of land at Aboom Wells Road, Cape Coast, to the respondent, Mrs. Nancy Yalley (hereafter referred to as the plaintiff) then resident with her husband at Accra. The purchase price of £40 was paid to Miss Wilhemina Williams through her father, lawyer Awoonor Williams of Sekondi. In 1941, Miss Williams married the co-defendant, K. A. Taylor, but she died soon afterwards. Litigation over her estate ensued for several years and in 1947 the co-defendant was granted letters of administration. It appears th....