CHIEF IKEDUWA GBARUKO & ANOR VS UKAEGBU IROEGBU & ANOR
August 20, 2025OSO AYA VS EMMANUEL DANIEL HENSHAW
August 20, 2025Legalpedia Citation: (1972) Legalpedia (SC) 19111
In the Supreme Court of Nigeria
Fri May 5, 1972
Suit Number: SC.226/1968
CORAM
ADEMOLA JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
F. O. LUKAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Family Land was sold by member of a family to the Respondent without the consent of the family head. The family head subsequently sold the same land for a third party.
HELD
The court held that the Judgment of the Western State Court of Appeal on the doctrine of holding out, estoppels and agency was untenable but upheld the minority judgment to void the transaction.
ISSUES
Whether sale of family land by members of the family purporting to manage the affairs of the family without the consent or subsequent ratification of a family head is valid.
RATIONES DECIDENDI
SALE OF FAMILY LAND WITHOUT THE CONSENT OF THE HEAD OF FAMILY
“The joint effect of the two cases of ESAN V. FARO 12 WACA B5 and AGBLOE V. SAPPOR 12 WACA 187 is that the sale of family land by the head of the family without the consent of principal members of the family is voidable while sale by principal members of the family without the consent of the family head is void ab initio”. ADEMOLA, CJN .
CASES CITED
STATUTES REFERRED TO
