Judiciary-Poetry-Logo
JPoetry

FAMILY LAND CEASES TO BE FAMILY LAND ON PARTITION

Dictum

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 is now the land of the person or persons to whom the grant has been made.

— Karibe-Whyte, JSC. Adebanjo v Olowosoga (1988) – SC 134/1986

Was this dictum helpful?

SHARE ON

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)

Was this dictum helpful?

FAMILY LAND CEASES WHERE THERE IS A PARTITION

In the first place family land ceases to be such land on partition, – See Balogun v. Balogun (1943) 9 WACA 78. Thus if 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 is now the land of the person or persons to whom the grant has been granted.

— A.G. Karibi-Whyte, JSC. Olowosago V. Adebanjo (SC.134/86, 29 Sep 1988)

Was this dictum helpful?

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?

WHERE OTHER FAMILY MEMBERS CONTRIBUTE TO BUILDING A PARTICULAR INDIVIDUAL LAND

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.”

Was this dictum helpful?

MEMBER OF FAMILY CAN BRING ACTION TO PROTECT FAMILY PROPERTY

It is no doubt correct to say that a member of the family is competent to bring action to protect the interest of the family in respect of family property; even if he has no authority of the family to bring the action, – See Sogunle and Ors. v. Akerele and Ors. (1967) NMLR 58, at p. 60. This principle however applies to family land. Since the land in dispute in this case is not family property, the principle laid down in Sogunle and Ors. v. Akerele and Ors. is not applicable.

— A.G. Karibi-Whyte, JSC. Olowosago V. Adebanjo (SC.134/86, 29 Sep 1988)

Was this dictum helpful?

MANAGEMENT BY THE WHITE CAP CHIEF

If the appellant is entitled to exercise the usual powers of the Chief or family head in the management of the family property, he is also entitled to the relief he asks for, since it is not pretended that the settlement enables the respondents, or the family council less the Chief, to dispose of the family property without the consent of the Chief. If, on the other hand, the appellant is not entitled to exercise any powers of management over the family property then he cannot obtain any relief, whatever the effect of the settlement may be. If this view is correct, the only question which the Court has to decide is whether the appellant has the usual powers of the Chief or family head.

– Brett F.J. Ajibola v. Ojora (1961)

Was this dictum helpful?

No more related dictum to show.