“It is trite Customary Law that any portion of land allotted to a member of the family to build on and live with his family, unless specifically granted to him absolutely, still remains family land; and as in this case, where the allotee built in the family compound, unless it is an absolute grant (which is rarely made in the family compound), we are of the opinion that he cannot alienate except with the consent of the head and members of the family; to hold otherwise would be to have a total stranger living in the family compound without the knowledge and consent of members of the family.”
Per ADEMOLA, JSC in AJEJA V. AJAYI (1969) LCER-492(SC) (Pp 6 – 7; Paras E – A)
See Also:
- LAND LAW – FAMILY LAND – Right to assign unpartitioned portion of family land
OKE V. OKE (1974-LCER-957-SC) “In law, the proper construction to be placed upon it is that the mother was allowed this portion on which she permitted her husband to erect…
- LAND LAW – ALIENATION OF FAMILY LAND – When a member of the family alienates portion of unallocated family land without consent – Effect of – Whether action for declaration of title is maintainable against a member of the family in respect of communal land
SALAWU YOYE v. OLUBODE (1974-LCER-964-SC) “It has never been in doubt that, it is open to members of a family to bring such action as may be available to them,…
- LAND LAW: Validity of Land Grants Under Customary Tenure
"When land is granted under customary tenure, the extent of the grant is limited to the interest held by the grantor. Ownership under customary tenure, being different in nature from…