U.A.C. OF NIGERIA LTD VS M.O. FASHEYITAN & ANOR
June 27, 2025LAGOS STATE DEVELOPMENT & PROPERTY CORPORATION VS CITYMARK (WEST AFRICA) LIMITED
June 27, 2025Legalpedia Citation: (1998) Legalpedia (SC) 34431
In the Supreme Court of Nigeria
Thu Jul 16, 1998
Suit Number: SC.261/1990
CORAM
MUHAMMADU LAWAL UWAIS,JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALIJUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDAREJUSTICE, SUPREME COURT
EMMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT
PARTIES
1. EMMANUEL BABAYEJU(HEAD OF BABAYEJU’S FAMILY)2. ELIJAH AYO BABAYEJU(FOR THEMSELVES AND ON BEHALF OF BABAYEJU’S FAMILY OF ISHAGATEDO) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants as plaintiffs instituted this action for themselves and as representing their family in respect of a parcel of land agreed by both parties to be family property. The plaintiffs contended that the 2nd defendant in conjunction with other people who are not members of their family sold and conveyed the said family land to the 1st defendant without the approval of the 1st plaintiff who is the head of Babayeju family and without the consent of the 2nd plaintiff who like the 2nd defendant is a principal member of Babayeju family.
HELD
The court held that since the conveyance in this case undertaken by one principal member out of three principal members and without the head of the family joining is void ab initio the appeal is allowed and judgment of the trial court restored.
ISSUES
Whether the Court of Appeal was right in holding that all the other seven signatories to the conveyance must be parties to this action before the plaintiffs can rightly take up the action in spite of the strong, unassailable and valid finding of the trial court that the sale of the family land was made without the consent of the 1st plaintiff, who is the head of the family.
RATIONES DECIDENDI
WHO A NECESSARY PARTY IS
A necessary party is someone whose presence is necessary as a party. The only reason which makes it necessary to make a person a party to an action is that he should be bound by the result of the action, and the question to be settled therefore must be a question in the action which cannot be effectually and completely settled unless he is a party. . Per Emmanuel Obioma Ogwuegbu J.S.C.
SALE OF FAMILY LAND
The joint effect of the two cases is that the sale of family land by the head of the family, without the concurrence of the principal members of the family is voidable whilst a sale by principal members of the family in which the head of the family does not concur is void ab initio. Per Emmanuel Obioma Ogwuegbu J.S.C.
CASES CITED
Ekpendu v. Erika (1959) SCNLR 186; (1959) 4 FSC. 79 Esan v. Faro (1947) 12 WACA 135 Agbloe v. Sappor 12 WACA 187Amon v. Raphael Tuck & Sons Ltd. (1956) 1 QBD. 357 at 380.Green v. Green (1987) 3 NWLR (Pt.61) 480
STATUTES REFERRED TO
Supreme Court Rules
