CORAM

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S.M.A. BELGORE (PRESIDED) – JUSTICE, SUPREME COURT

FATAI-WILLIAMS, CHIEF JUSTICE, NIGERIA

IKECHl FRANCIS OGBUAGU, JUSTICE SUPREME COURT

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PARTIES

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CLARA AREWA (For herself and on behalf of the Family of Erewa Maggison)

APPELLANTS 

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

Upon the demise of the plaintiffs father, the plaintiff and 15 other children inherited the land granted the plaintiffs father by the Oba of Benin for rubber plantation. Two of the plaintiffs brothers sold a portion of the land to the defendant without the plaintiffs/the familys consent or the required leave of court as specified by the letter of administration.

 

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HELD

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The Court held that not having the power to dispose of the real estate of their father, the sale of the trees/land, if indeed there was a sale, by two of the three administrators to the defendant/ respondent, is void and of no effect.

 

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ISSUES

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Was the land or rubber plantation in dispute a portion of that land? Did the transaction deal with real or personal property?

Were Humphrey Erewa and Zaccheus Erewa duly appointed Administrators of the Estate of Erewa Maggison? If so, what were their powers and did these include the power to dispose of either the rubber plantation or the land on which it was established or both?

 

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RATIONES DECIDENDI

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THE NATURE OF PRODUCE OF THE SOIL IN ADMINISTRATION OF ESTATES

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“Unless they have been severed, trees, and the fruit and produce of them, as well as hedges, bushes, etc., from their intimate connection with the soil, follow the nature of their principal, and therefore, when the owner of the land dies, they devolve as real estate.” Per Fatai-Williams, JSC

 

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CASES CITED

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STATUTES REFERRED TO

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Benin Customary law

Administration of Estates Law (Cap. 1 of the Laws of the Western State of Nigeria)

Administration (Real Estate) Ordinance (Cap. 2-Laws of Nigeria 1948)

 

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