CORAM

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ADEMOLA CHIEF JUSTICE, NIGERIA

COKER JUSTICE, SUPREME COURT

IDIGBE JUSTICE, SUPREME COURT

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PARTIES

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KABIAWU A.I.B.A.

APPELLANTS 

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 LAWAL

RESPONDENTS 

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AREA(S) OF LAW

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LAND LAW – SALE OF LAND UNDER NATIVE LAW AND CUSTOM

 

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SUMMARY OF FACTS

The appellant’s predecessor in title purchased the land in dispute from the original owners of the land in 1918 while the respondent claimed his predecessor in title bought it from the same family in 1953. 

 

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HELD

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The court allowed the appeal and held that the appellant was entitled to declaration of title. 

 

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ISSUES

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Whether the learned trial judge was right in dismissing the appellant’s claim to title to the land in dispute. 

 

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RATIONES DECIDENDI

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EFFECT OF SALE OF LAND UNDER NATIVE LAW AND CUSTOM

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 ‘A valid sale or transfer of the absolute interest under native law and custom completely exhausts the rights of the vendor and no question arises of transferring only some parts or aspects of those Interests.’- Coker J.S.C.

 

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NATURE OF INTEREST UNDER NATIVE LAW AND CUSTOM

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‘an owner of land under native law and custom can transfer his absolute interest and describe the entirety of such interests as conveyed by him as an estate in fee simple’. – Coker J.S.C

 

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CASES CITED

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Thomas v. Preston Holder (1946) 12 W.A.C.A. 78 at p.80
Balogun, etc v. Saka Chief Oshodi (1931) 10 N.L.R. 36 at pp. 47 and 48, and
Oshodi v. Balogun and others (1936) 4 W.A.C.A. 1 at p. 2;
Griffin v. Talabi (1948) 12 W.A.C.A. 371

 

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STATUTES REFERRED TO

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CLICK HERE TO READ FULL JUDGMENT 

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