CHIEF OBAFEMI AWOLOWO VS SARKI AND THE ATTORNEY
September 1, 2025MOSES FAYEMI VS ATTORNEY-GENERAL, WESTERN NIGERIA
September 1, 2025Legalpedia Citation: (1966-06) Legalpedia 90518 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Jun 24, 1966
Suit Number: SC 189/1965
CORAM
BAIRAMIAN JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
BOLA ETUWEWE AND ANOR
APPELLANTS
SUNDAY ETUWEWE AND ETUWEWE
RESPONDENTS
AREA(S) OF LAW
Land Law – Family Property-Partition
SUMMARY OF FACTS
This is an appeal by the plaintiffs from a decision of Ekeruche, J. sitting in the Warri High Court on the 20th January, 1964 in Suit W./57/1961 in which he struck out the claim with 15 guineas costs to the 2nd defendant.
HELD
That the Appellant evidence does not accord with his pleading and also that there was nothing to bar the High Court in this suit from exercising its original jurisdiction
ISSUES
Whether the High Court was right when held that it was not competent to hear the suit as it pertained to a matter which was subject to the jurisdiction of a customary court relating to inheritance of property on death
RATIONES DECIDENDI
PARTITION
‘When a person dies and his estate devolves as family property. Sometimes there is an allocation of a piece of land to X for him to farm and earn his livelihood, and of another piece to Y. Neither X nor Y becomes the owner of the piece allotted to him, but both pieces remain family property; and this is to be distinguished from a partition or division of the estate which gives a successor a piece as his own property. Then again some pieces may be divided as private property, and something may be left as family property.’ Per Lewis, J.S.C.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
