S. O. BAMGBOSE VS B. A. OSHOKO AND ANOR

CORAM

ESO OPUTA JUSTICE, SUPREME COURT JUSTICE, SUPREME COURT KAWU JUSTICE, SUPREME COURT BELGORE JUSTICE,

OPUTA, JUSTICE SUPREME COURT

PARTIES

S.O. BAMGBOSE (For himself and on behalf of Samuel Olagun family of Adiyan)

APPELLANTS

B.A. OSHOKO

J.A. OGUNSANYA

RESPONDENTS

AREA(S) OF LAW

LAND LAW -FAMILY LAND – ALLOTMENT AND JOINT OWNERSHIP OF FAMILY LAND.

SUMMARY OF FACTS

The plaintiff’s claim was for a declaration of title to piece or parcel of land both parties agreed that the land in dispute was part of the land originally belonging to the Ayikondu Family. The trial Judge rejected the plaintiff’s case; he expressed a preference for the Defence. On appeal, the principal question was, whether the Western State Court of Appeal was right in upsetting the findings of fact, that Isaac Oloyede was a mere allottee of family land and not an absolute grantee.

HELD

That the plaintiffs’ vendor was an allottee of Family land and therefore had no right to pass absolute title to anyone.

ISSUES

Did Isaac Oloyede have an absolute title in the land in dispute?

RATIONES DECIDENDI

FAMILY LAND

‘There is a world of difference between land which is inherited and one which is allotted. When family land is inherited, the beneficiary takes absolutely and the land ceases to be family property. The act of inheritance under customary law vests the property in the beneficiary without further assurances, and puts an end to the joint interest of other members of the Family in the land.’ PER E.B CRAIG JSC.