THE STATE & ORS V OBA ALAYELUWA OGUNOYE & ORS
July 23, 2025PAULINA A. DANIEL & ANOR V A.A. IROERI
July 23, 2025Legalpedia Citation: (1985) Legalpedia (SC) 14591
In the Supreme Court of Nigeria
Fri May 10, 1985
Suit Number: : SC. 53/1984
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
EMANUEL OGIOMA OGWUEGBU JUSTICE, SUPREME COURT
COKER, JUSTICE, SUPREME COURT
KARIBI-WHYTE, JUSTICE, SUPREME COURT
KAWU, JUSTICE, SUPREME COURT
PARTIES
LASISI LASUPO ALLI APPELLANTS
CHIEF J.O. IKUSEBIALA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The fact of the case was that, on the 12th July, 1956, Sunmonu Adeleke conveyed the land in dispute as Beneficial Owner to Lasisi Lasupo Alli, plaintiff/appellant, for the sum of £80 (N160 now).
HELD
APPEAL ALLOWED
ISSUES
Whether a conveyance of family land by the head of family in his personal capacity, and as beneficial owner is void and conveyed no legal estate. Whether oral evidence was admissible to show that in reality the conveyance was in his capacity as head of family.
RATIONES DECIDENDI
ADMISSIBILITY OF ORAL EVIDENCE IN CUSTOMARY LAND TRANSCTION
It is a well settled principle of law that oral evidence is admissible to establish the capacity in which a person contracted if the written contract does not disclose that capacity.
CASES CITED
Colonial Development Board v Kamson (1955) 21 NLR 75
STATUTES REFERRED TO
