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)
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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)
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)
The law is also that where there is alienation of family land by sale as in this case the family head and principal members must concur therein. The transaction is void where these persons are not involved. These persons must act in a representative rather than personal capacity. Let us assume that the 3rd plaintiff and some family members concurred in the original sale to the respondent while expressing themselves to be acting on behalf of the family, the sale is valid but voidable at the instance of members of the family whose consent was necessary but not obtained.
– Ogunwumiju JCA. Awure v. Iledu (2007)
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)
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
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)
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