CORAM
FRANCIS FEDODE TABAI(Lead Judgment), JUSTICE SUPREME COURT
PARTIES
DR. BENJAMIN OHIAERI APPELLANTS
ALHAJI B. I YUSSUF
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents as plaintiff entered into an agreement with the defendants for the sale of land. The 3rd respondent sold the same land to the appellant. The trial court gave judgment to the plaintiff. Aggrieved, the appellant unsuccessfully appealed to the Court of Appeal. Hence this further appeal.
HELD
Appeal dismissed
ISSUES
1. Whether Exhibit “A” relied on by the lower court was capable of vesting the Plaintiff/Respondent with an equitable interest in the property in dispute.?
2. Whether the Purported Agreement by the 3rd Respondent to sell the property in dispute to the Plaintiffs/Respondents was capable of founding an order of specific performance.?
RATIONES DECIDENDI
SALE OF FAMILY PROPERTY
Where the head of a family disposes family property without the consent of the other members of the family it is still a valid sale, only violable at the instance of those other members of the family. Per Tabai, JSC
PRIORITY OF INTEREST IN LAND
Where there is an agreement for sale of land either under native law and custom or any other mode of sale and for which the purchaser, acting within the terms of the agreement, makes full or part payment of the purchase price to the vendor and is in furtherance thereof put in possession, he has acquired an equitable interest in the property and which interest ranks as high as a legal estate and cannot therefore be overridden by a subsequent legal estate created by the same vendor or his legal representative in favour of another person. Per Tabai, JSC
PRIORITY OF INTEREST IN LAND
Only a subsequent bonafide purchaser of a legal estate for value without notice that can take priority over someone who had acquired a prior equitable interest over the same property. Per Tabai, JSC
WHEN AN ACTION FOR SPECIFIC PERFORMANCE WILL ARISE
An action for specific performance arises once there exists a contract coupled with circumstances which make it equitable to grant a decree of same. Per Tabai, JSC
INTERPRETATION OF SECTION 4(2) OF THE ADMINISTRATION LAW OF LAGOS STATE
A conveyance can, under Section 4(2) of the Administration Law Cap 3 Laws of Lagos State, be validly executed by one of two or more personal representatives provided it is so executed and signed with the concurrence or agreement of such other personal representatives. Per Tabai, JSC
CASES CITED
1.Ayinla v Sijuwola (1984) N.S.C.C. 301 at 312
2.Amao v Adebona (1962) L.L.R 125
3. T.A. Orasanmi v. M. O. Idowu (1959) 4 F.S.C. 40
4. Folani v Cole (1990) 2 NWLR (Part 133) 445 at 453, 455 and 457,
5.Esan v Faro 12 WACA 135;
6.Ajarho v Aghoghorvia (1985) 4 SC 1; ?
STATUTES REFERRED TO
1. Administration Law Cap 3 Laws of Lagos State