CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
PARTIES
O. SOLOMON & ORS. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs are members of the family of Chief Iposu. Iposu settled on the land in dispute until his death after which his descendants continued in possession. However, before the death of Kadari Oniga there was a complaint against him that he was making a personal claim to the land. Some of the descendants of Iposu challenged this in court.
HELD
The court held that the appeal failed and was dismissed.
ISSUES
1. Whether the sale to the defendants by Kadiri Oniga was void or at least voidable and
2. Whether or not the plaintiffs/ respondents had slept too long on their rights (if any) and the defence of the appellants of laches and acquiescence should have been upheld by the court.
RATIONES DECIDENDI
EFFECT OF SALE OF FAMILY PROPERTY BY FAMILY HEAD WITHOUT CONSENT OF MEMBERS
“It is settled law that sale of family property by the head of the family alone without the consent of the other members is voidable.” Kayode Eso, JSC.,
NEMO DAT QUOD NON HABET- MEANING OF
“Where a vendor purports to convey his own land which he was seised in fee simple in possession whereas the land naturally belongs to a family, such conveyance is void … It only means you do not give what you do not possess.” Kayode Eso, JSC
CASES CITED
1. Bello Adedibu & Anor. v. Makanjuola 10 WACA 33.
2. Dr. F. Abiola Akerele v. A. Atunrase & Ors. (1969) 1 All NLR 201
STATUTES REFERRED TO
None