CUSTOMARY LAW – Family Land or Property – Whether family land remains family land irrespective of its allotment

“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)
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