DATOEGOEM DAKAT VS MUSA DASHE
July 1, 2025ALHAJI SIKIRU SANUSI & ORS VS YESUFU ADEBIYI & ANOR
July 1, 2025Legalpedia Citation: (1997) Legalpedia (SC) 63101
In the Supreme Court of Nigeria
Fri Dec 19, 1997
Suit Number: SC. 125/1991
CORAM
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT (Presided)
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
MONICA BOLNA’AN DONGBAN-MENSEM
PARTIES
ALHAJI ABDUL WAHAB ODEKILEKUN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff had instituted an action against one S.F. Onamade, now deceased, the predecessor in title of the present defendants/respondents, claiming general damages for trespass committed by the defendant, his servants and/or agents on the plaintiff’s land and perpetual injunction restraining the defendant, from further trespass.
HELD
The judgment of the trial court was restored.
ISSUES
“(i) Was the Power of Attorney upon which the defendants’ title was based void? (ii) Was the Deed of Partition upon which the plaintiff’s case was based void and ineffective?(iii) Whether in the circumstances of this case the plaintiff can rely on the provisions of the Limitation Law to sustain his claim to title.”
RATIONES DECIDENDI
ESSENTIALS FOR TRNSFER OF FAMILY LAND
Without doubt, the law is firmly established that the head of a family must join in a disposition or conveyance of family land and the principal members must concur therein and that such a transaction purporting to transfer family land without these essentials will be void. PER IGUH, JSC
ATTESTATION OF DEED OF POWER OF APPOINTMENT
where two or more persons witness and attest a Deed of Power of appointment, the execution of the Deed is valid regardless of any provision regulating the execution or attestion of another deed made by virtue of the power. PER IGUH, JSC
CASES CITED
Agbloe II and others v. Sappor and Another (1947) 12 WACA 187;Bello Adedubu and Another v. Makanjuola (1944) 10 WACA 33;Atunrase v. Sunmola (1985) 1 NWLR (pt.1) 105 at 120-121.Ekpendu v. Erika (1959) SCNLR 186(1959)4 FSC 79 at 81;City Property Development Ltd. v, A.G. Lagos Slate and Others (1976) 1 SC 71 at 100;Akerele v. Atunrase (1969) 1 All NLR 201 at 208;Solomon v. Mogaji (1982) II SC 1 at 7-10Macfoy v. U A.C. Ltd (1962) AC 152Mogaji v. Cadbury (1985) 2 NWLR (Pt.7) 393.
STATUTES REFERRED TO
Property and Conveyancing Law, Cap. 100, Laws of Western Nigeria, 1959 Land Instrument Registration Law of Western Nigeria, 1959Limitation Law, Cap. 64, Laws of Western Nigeria, 1959
