ANICHE NZONWANNE & ORS V. CHRISTOPHER IGWE & ORS
August 8, 2025BORNU HOLDING & CO. LTD V. ADAMA DIPCHARIMA
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 51110
In the Supreme Court of Nigeria
Fri Jan 30, 1976
Suit Number: SC. 29/1975
CORAM
ALEXANDER, CHIEF JUSTICE OF NIGERIA
MARYAM ALOMA MUKHTAR JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
CITY PROPERTY DEVELOPMENT LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants alleged that the vast parcel of land purportedly acquired by the government included part of its land. It alleged that the acquisition was invalid as it did not follow the due process of law vis-à-vis service of notice of acquisition.
HELD
It was held that the claim of the appellant must fail as the land it purported to acquire was invalid as same was conveyed to it by Chief Oniru as beneficial owner. It was also held that the land cannot vest in the government until the government has applied for certificate in respect of the lands.
ISSUES
Whether or not the appellant is entitled to the acres of land in dispute
Whether or not mere notice of publication of acquisition vest land in government
RATIONES DECIDENDI
EFFECT OF PUBLIC NOTICE OF ACQUISITION
We think we ought to make it clear that, in the absence of any particular statutory provision to the contrary, the issuing of the public notice of acquisition does not immediately vest the title to the land in the Government, but that the latter may acquire it only after satisfying the provisions of the Public Lands Acquisition Act requiring that a Land Certificate should be obtained as proof of title… FATAYI-WILLIAMS, JSC
CONVEYANCE BY HEAD OF FAMILY AS BENEFICIAL OWNER
The law on this point is well settled. Chief Yesufu Abiodun Oniru, as the head of the Oniru Chieftaincy family, cannot alone transfer family property. If he alone executes a conveyance of family property as a grantor, the sale is prima facie voidable and the family can set aside such a sale if the other members act timeously. This is the case only where the head of the family signs the conveyance for and on behalf of the family. It does not apply where, as in the case in hand, he purports to sell the property as the beneficial owner… FATAYI-WILLIAMS, JSC
CASES CITED
Atunrase & Ors. v. Federal Commissioner for Works & Housing (1975) 6 S.C. p.1
Akerele v. Atunrase (1969) 1 All NLR 201
Ekpendu v. Erika (1959) 4 FSC, p.79 at page 81
Lawal v. G.B. Ollivant (Nig.) Ltd. (1972) 1 All NLR Part 1 at page 207,
STATUTES REFERRED TO
Public Lands Acquisition Law (Cap.105)
