CORAM
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
M.E. OGUNDARE JUSTICE, SUPREME COURT
S.O. UWAIFO JUSTICE, SUPREME COURT
E.O. AYOOLA JUSTICE, SUPREME COURT
PARTIES
CHIEF OMONIYI FAYEHUN ABRAHAM AJAYI NOFIU AJANGBARA EZEKIEL OLUYIDE OLU BELLOADELEYE ORUNKOYI DABOKU OLASEINDE MOBISOLA FASULERE OLADAPO AWODEY APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant sought to challenge the sale of plots of land belonging to the family by the 1st defendant who is the head of the family acting in concurrence with some other members of the family. ?
HELD
The court held that the appellants having admitted that the 1st defendant was the head of the family and he sold with the concurrence of other principal members, the sale can not be voided. ?
ISSUES
1. Whether in the absence of legal and credible evidence in proof of the requirements by law for a valid disposition of family land under the Yoruba Customary Law, the Court of Appeal can still proceed to confirm the judgment of the lower court which declared as valid the sales made by the 1st – 4th respondents to the 5th – 75th respondents in violation of such principles of law.2. Whether upon the failure of the 1st – 4th respondents to prove their capacity Authority to represent or power of attorney to act on behalf of the family in the disposition of the family land, the Court of Appeal is right to hold that the sales so made cannot be set aside.?
RATIONES DECIDENDI
A SALE OF FAMILY LAND BY THE HEAD OF THE FAMILY WITHOUT THE CONSENT OF OTHER PRINCIPAL MEMBERS IS ONLY VOIDABLE AND NOT VOID
“It is well settled that a sale of family land by the head of family is only voidable where it is made without the concurrence of principal members of the family. Such a sale is not void but merely voidable. But where family property is sold by members of the family without the concurrence of the head of the family such a sale is void”…OGUNDARE JSC
CASES CITED
1 Ekpendu v. Erika (1959) 4 FSC 79; 2 City Property Development Ltd. v. Attorney-General of Lagos State (1976) 1 SC. 71, Solomon v. Mogaji (1982) 11 SC. 1, 7-10 69, 3 Lukan v. Ogunsusi (1972) 5 SC. 40 at pp.46-48.?
STATUTES REFERRED TO
None