POPOOLA OLUBODE & ORS V ALHAJI S. SALAMI
July 23, 2025DAVID FABUNMI V ABIGAIL ADE AGBE
July 24, 2025Legalpedia Citation: (1985) Legalpedia (SC) 61149
In the Supreme Court of Nigeria
Fri Mar 22, 1985
Suit Number: SC. 97/1984
CORAM
OKAY ACHIKE JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
COKER, JUSTICE, SUPREME COURT
KARIBI-WHYTE, JUSTICE, SUPREME COURT
KAWU, JUSTICE, SUPREME COURT
PARTIES
W.P. DANIEL KALIO & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents, the Woluchem family, as plaintiffs claimed declaration of title to the land in dispute. They claimed also for damages for trespass and for an order for injunction
HELD
APPEAL ALLOWED
ISSUES
None.
RATIONES DECIDENDI
CIRCUMSTANCES WHERE THE SALE OF A FAMILY LAND WITHOUT THE CONSENT OF THE HEAD OF THE FAMILY WOULD BE VOID
“It is pertinent to point out that contentious sale of family land may be classified under three heads.Firstly, the law has been well settled that sale of family land by a member of the family, who is not the head of the family, without the consent of the head of the family is void” BELLO J.S.C, PER COKER J.S.C
CASES CITED
Ekpendu v Erika (1959) 4 F.S.C.79
Oyebanli v Okuwola (1968) N.M.L.R.221
Akerele v Atunrase (1968)1 A.LR.201
Lucan v Ogunsusi (1972)1 All N.L.R. (Part 2) 41
STATUTES REFERRED TO
