“Section 22 (1) of the High Court Law of Eastern Nigeria was referred to. This empowered the Court to administer and due effect to Native Law and Custom, especially in cases relating to tenure of land, but provided that such Native Law or Custom is not repugnant to the principles of natural justice, equity and good conscience. In the case of Akpan Awo v. Cookey Gam 2 N.L.R. 100 the Court refused to give effect to Native Law and Custom by allowing a claim of title to land as against possession which has been acquiesced in for an adequate period of time. The same principle was enunciated in Suleiman and Anor. v. Johnson 13 W.A.C.A. 213: Verity, Ag. P., at p. 214 of the report in that case said: “In these circumstances there can be no doubt, in my view, that neither the Oloto family nor anyone claiming through them would be enabled by this Court to recover possession on the principle established in Akpan Awo v. Cookey Gam, followed in many cases ever since and approved by the Judicial Committee of the Privy Council in Oshodi v. Balogun 4 W.A.C.A. 1, however, a distinction was shown between acquiescence in occupation over a period which would bar the original overlord from bringing an action for ejection, and acquiescence as would serve to pass the original rights of the overlord to the occupier. It seems to us that this distinction is to be kept in mind when dealing with cases where rights of reversion are in question, or where, as in the present case as will be shown later, possession of family land was acquired by one qua member of the family and with the consent (actual or implied) of the family.”
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