EFUNWAPE OKULATE & ORS VS GBADAMOSI AWOSANYA & ORS
June 26, 2025PAN BISBILDER (NIGERIA) LIMITED V FIRST BANK OF NIGERIA LIMITED
June 26, 2025Legalpedia Citation: (2000) Legalpedia (SC) 91117
In the Supreme Court of Nigeria
Fri Jan 14, 2000
Suit Number: SC. 13/93
CORAM
SAMSON ODEMW INGIE, JUSTICE, SUPREME COURT
U. MOHAMMED JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD JUSTICE, SUPREME COURTBR/
E.O. AYOOLA JUSTICE, SUPREME COURT
PARTIES
GBADAMOSI SANUSI OLORUNFEMI SAULA MUSA OLORUNFEMI IDOWU SANUSI OLORUNFEMI MUKADIN ASHIRU OLORUNFEMI SUNMONU DAUDA OLORUNFEMI ASHIMIYU OSENI OLORUNFEMI YAHAYA SHITTU OLORUNFEMI AJE AMUSA OLORUNFEMI DAVID AFOLABI OLORUNFEMI (For themselves and on behalf of other members of Olorunfemi, deceased family of Egan Village) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This judgment relates to an appeal and a cross-appeal from the decision of the Court of Appeal (Kolawole, Tobi and Ubeazonu, JJCA.). The respondents (the plaintiffs) sued the appellants (the defendants) in the High Court of Lagos State claiming damages for trespass allegedly committed by the defendants on land at Akesan village sometime in December 1983 and injunction ?
HELD
That fact that the “partition” averred in the defendants’ pleadings left a substantial portion of the land described as the defendants land, shown on exhibit 5, untouched by the alleged “partition” and still remained family property and the plaintiffs were liable in trespass
ISSUES
Whether the plaintiffs/appellants are customary tenants of the defendants/respondents in respect of the area in dispute i.e. area verged pink in exhibit 5.Subject to the answer above, whether the plaintiffs/appellants are liable to the defendants/respondents in damages and injunction?
RATIONES DECIDENDI
AVERMENT IN PLEADINGS
A party is not obliged to lead evidence in proof of every averment in his pleadings. Although he is bound by his pleadings, he is at liberty to abandon such averments as he considers unnecessary to his case or which he is unable to prove. Per Emmanuel Olayinka Ayoola, JSC
AVERMENT IN PLEADINGS
A party may apply for any pleading to be struck out on the ground that it discloses no reasonable cause or answer. -Per Emmanuel Olayinka Ayoola, JSC
DISTINCTION BETWEEN PARTITION AND ALLOTMENT
Partition could be by deed, in customary law oral partition, is valid. Partition is to be distinguished from allotment. Allotment does not determine the family ownership of the land so as to make the allotee an absolute owner. It can be effected by the head of family alone. Partition which does not make provision for all of the constituent branches of the family is void. Whether there was partition or allotment is a question of fact. The mere use of the word “partition” may not settle the issue where there is an issue whether or not family property is determined. -Per Emmanuel Olayinka Ayoola, JSC
FAMILY PROPERTY-MEANING OF PARTITION
One of the methods by which family property can be determined is partition which property which belonged to the family is split up into ownership of the constituent members of the family. The property may be, but is not invariably, divided among individual members of the family so as to vest absolute ownership in individual members. The division may be among constituent branches of the family. Where the division is among constituent branches of the family, a new family ownership is created in as many places as the property is divided, each branch becoming the owner of the portion partitioned to it. Partition must be by the general consent of the family-Per Emmanuel Olayinka Ayoola, JSC
CASES CITED
1. Kadiri Balogun v Tijani Balogun 9 WACA 782. Majekodunmi v Tijani 11 NLR 74Partition3. Taiwo v Taiwo 1 NSCC 46, 504. Dosunmu & Ors. v Adodo (1961) LLR. 149, at 150?
STATUTES REFERRED TO
NONE
