AMINU AMINDELE AJAYI OJORA & 2 ORS VS LASISI AJIBOLA ODUNSI
September 4, 2025MICHAEL OKWUWA VS THE STATE
September 4, 2025Legalpedia Citation: (1964-03) Legalpedia 41014 (SC)
In the Supreme Court of Nigeria
Fri Mar 6, 1964
Suit Number: SC 294/1960
CORAM
ADEMOLA CHIEF JUSTICE, SUPREME COURT
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE SUPREME COURT
PARTIES
JOHN APOESHO & ANOR
APPELLANTS
CHIEF AWODIYA
RESPONDENTS
AREA(S) OF LAW
LAND LAW-TITLE TO LAND-DECLARATION-STOOL LAND-CHIEFTAINCY FAMILY LAND
SUMMARY OF FACTS
The appellants appealed to the court to set aside the judgment of the trial court that the land in dispute is stool land as against their contention that it is chieftaincy family land
HELD
The court held that the matter be remitted back to the trial court for the matter to be heard de novo.
ISSUES
Whether the land in dispute is stool land or chieftaincy family land
Whether ownership of the said land is individually held or vested in the family
RATIONES DECIDENDI
DISTINCTION BETWEEN STOOL LAND AND CHIEFTAINCY FAMILY LAND
“The distinction, therefore, it would seem, between stool land and chieftaincy family land is that whilst the Chief has the complete use of stool land as he pleases, in the case of chieftaincy family land members of the family can farm on some portions of the land with the chief’s consent; and where family land is given out to tenants, members of the family are entitled to some portion of the rent collected”.
ADEMOLA. C.J.N.
NATURE OF NATIVE LAW AND CUSTOM
Native law and custom is a question of fact and has to fact and has to be proved.
ADEMOLA. C.J.N.
CASES CITED
Oyekan v. Adele 14 W.A.C.A. 209
Yamuah IV v. Sekyi 3 W.A.C.A 57
STATUTES REFERRED TO
