ALHAJI MOHAMMED LAYINKA & ORS VS ALHAJI BABA AGBA GEGELE

CORAM

MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT

OBASEKI, JUSTICE SUPREME COURT

MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT

EMMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT

KABIRI-WHYTE JUSTICE, SUPREME COURT

PARTIES

1. ALHAJI MOHAMMED LAYINKA2. ALHAJI ORE AKANBI3. ALHAJI IBRAHIM BABATUNDE GEGELE4. MALLAM IDRISU USMAN ABIODUN5. ALHAJO ISMAILA6. JIMOH TAILOR7. ALHAJI SAADU AREMU APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

Plaintiff claiming as a member of the family brought an action in the High court for himself and on behalf of the Galadima family of Gegele claiming that the sale of a portion of the family land by the 1st three defendants were null and void and should be set aside. Judgment was given to the plaintiff at the trial court which was upheld by the Court of Appeal.

HELD

Appeal dismissed

ISSUES

Whether the land subject matter of dispute is Galadima family land, or the Emir’s land in respect of which successive Galadima merely act as caretaker. If the former, title is in the Galadima family and alienation can only be with the consent of the family. If the latter title will remain in the Emir.?

RATIONES DECIDENDI

WHEN SALE OF FAMILY LAND CAN BE VOIDABLE

“Where the head of the family conveys land without the, consent of the principal members of the family, such transaction is voidable and can be avoided by action by any member of the family.” PER KARIBI-WHYTE, JSC.

WHO HAS LOCUS STANDI IN AN ACTION IN FAMILY LAND

“Every member of the family, has an Interest in family property and Is under a duty to protect such property. There is therefore a locus standi to institute an action in respect of wrong done to such a property. There is no doubt his right is affected by the action of the defendants in respect of the family land, the head of family having taken an adverse stand against the family.” PER KARIBI-WHYTE, JSC.