F. O. AJIBOWO AND CO. LTD VS WESTERN TEXTILES MILLS LTD
August 7, 2025DELU LIMAN V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 91151
In the Supreme Court of Nigeria
Fri Jul 2, 1976
Suit Number: SC. 460/1974
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
NNANYELUGO SAMUEL O. EBOSIE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants and respondents are beneficiaries of the lands in dispute under a Will. Parties decided to abandon the Will and agreed to make the properties in question family property. The land was destroyed in the civil war. The appellant who was the head decided to use his personal money to re-build the land and intended to treat the lands as personal property.
HELD
The court held that the land remain a family property and the head of the family even if he has used his money to re-build the land can not treat it as his personal property
ISSUES
Whether or not the decision of the trial court is against the weight of evidence
RATIONES DECIDENDI
EFFECT OF A DISCLAIMER OR RELEASE
The position is that the male children each of whom under the Will had life interests in succession (on death in order of seniority) disclaimed their life interests, surrendered them and released the properties for distribution. The effect of a disclaimer or release is to accelerate the next interest in remainder… OBASEKI, AG. JSC
COMMUNAL PROPERTY
It is settled law that property bought with rent derived from communal property is communal property unless there is evidence to the contrary… OBASEKI, AG. JSC
CASES CITED
Re Scott, Scott v. Scott (1911) 2 Ch. 374 at 377.
Re Hodge (1943) Ch. 300 (1943) 2 All ER 304
(Burkenshaw v. Nicholls (1873) AC 1004 HL at p. 1026
STATUTES REFERRED TO
None.
