Limitation of action to recover land

African customary law has no limitation and therefore rights of ownership are not extinguished by lapse of time; in English law there exist the Statutes of Limitation and if any action arising out of a transaction is not brought within the period laid dawn in the Limitation Act the right of action will be barred. It warn a mistake when the West African courts failed to look at the whole problem of limitation of actions to recover land – held under customary tenure from the angle of adverse possession. Only where possession is adverse to the title of the absolute owner the question of laches and/or acquiescence need be considered at all. The article which follows the classification into licensees, customary tenants and persons holding under other conditions known to local customary law examines 1. how far, if at all, laches based on long undisturbed possession does bar an action for recovery of land. 2. how far, if at all, acquiescence in the development of the land in dispute by the occupier does operate as estoppel in pais so as to bar an action for recovery by the owner. Many pronouncements of the courts are mentioned.

Title: Limitation of action to recover land
Author: Kom, Enoch D.
Year: 1968
Periodical: University of Ghana Law Journal
Volume: 5
Issue: 1
Pages: 13-75
Language: English
Geographic terms: English-speaking Africa
West Africa
Abstract: African customary law has no limitation and therefore rights of ownership are not extinguished by lapse of time; in English law there exist the Statutes of Limitation and if any action arising out of a transaction is not brought within the period laid dawn in the Limitation Act the right of action will be barred. It warn a mistake when the West African courts failed to look at the whole problem of limitation of actions to recover land – held under customary tenure from the angle of adverse possession. Only where possession is adverse to the title of the absolute owner the question of laches and/or acquiescence need be considered at all. The article which follows the classification into licensees, customary tenants and persons holding under other conditions known to local customary law examines 1. how far, if at all, laches based on long undisturbed possession does bar an action for recovery of land. 2. how far, if at all, acquiescence in the development of the land in dispute by the occupier does operate as estoppel in pais so as to bar an action for recovery by the owner. Many pronouncements of the courts are mentioned.