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WHERE OTHER FAMILY MEMBERS CONTRIBUTE TO BUILDING A PARTICULAR INDIVIDUAL LAND

Dictum

In Ollennu, J. in Boafo v. Staudt (1958) “By native custom, where one member of the family acquires land for himself with his own money as his individual property and other members of the family develop that land with their own money or labour by building on it or farming it, the property immediately acquires the character of family property and ceases to be the individual or exclusive property of the member who purchased the land with his own money. Because the land in its developed state is the result of the combined contribution of members of the family it cannot in its entirety be the product or achievement of any single one of the members of the family who contributed to make it what it is. The purchaser and each of those who developed it have life interests in it. The purchaser of the land can together with all who developed it dispose of the whole estate in it without reference to the head and other members of the family. But upon the death of the member who bought the land or upon the death of any one of the members who developed it, the property becomes full family property with all the incidents of family property.”

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UNPARTITIONED FAMILY LAND

It is trite that an unpartitoned family land is prima facie family land. And a holder of such unpartitioned family land cannot devise same to his children; See OKE v. OKE (1974) ALL N.L.R.401. – Denton West JCA. Salaja v. Salaja (2013) Was this dictum helpful? Yes 0 No 0...

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THE CONCEPT OF FAMILY LAND; CREATION OF FAMILY PROPERTY

The concept of family property is original to our indigenous society, and is the bedrock of our law of inheritance. It is regarded correctly as the corner stone of our Indigenous land law. Judicial decisions are replete in the circumstances of the creation of family property. The most common circumstance is death intestate of a...

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FAMILY LAND CEASES TO BE FAMILY LAND ON PARTITION

In the first place family land ceases to be such land on partition, – See Balogun v. Balogun. (1943) 9 W.A.C.A. 78. Thus the Aige family, as in the instant case partitioned its land and granted any portion to any branch of the family, the grant so made ceases to be Aige family land, but...

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ONLY SONS INHERITING PROPERTY IS REPUGNANT

Appellants had relied on their customs, to say that only biological sons of a family can inherit their fathers landed property. Of course, such old and oppressive laws in Igbo land have since been reviewed by case law, pursuant to Section 42 of the 1999 Constitution, as amended. – Mbaba JCA. Aduba v. Aduba (2018)...

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PROPER SALE OF FAMILY LAND

The law is that family land can only be sold by the family head or Mogaji with the concurrence of principal members of the family. – Ogunwumiju JCA. Awure v. Iledu (2007) Was this dictum helpful? Yes 0 No 0...

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