AJEJA V.MAYI & ANOR.

• Pages: 57-60

AJEJA V. AJAYI & ANOR.

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AJEJA V.MAYI & ANOR.

KASUNMU AJEJA (For himself

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APPELLANT

and on behalf of Ajeja Family)

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V

1.

EZEKIELADEDAPOAJAYI

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RESPONDENTS

2.

TIMEHIN BOYEJO.

SUIT NO. SC 40

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965

SUPREME COURT OF NIGERIA

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ADEMOLA,

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C.J.N.

COKER,

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J.S.C.

MADARIKAN,

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J.S.C.

7th February, 1969.

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Land Law - Land - Declaration of title under Native Law and custom - S.112(d)

Evidence Act contravened - Family land remains family land even if given

by family to member of family to build on - Onus of proof on person

claiming exclusive ownership of family land.

25 ISSUES:

1.

Whether an allottee of family land has the right to alienate the land given to him

without the consent of the head of the family and family members.

2.

On whom rests the onus of proving that a grant of land to an allottee is absolute?

FACTS:

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A member of a family was allotted a piece of land to live on. He mortgaged

the house and when he failed to pay the loan the property was auctioned and

bought by the Western Nigeria Finance Corporation who later sold it to the 1st de-

fendant who sold it to his wife the 2nd defendant. The plaintiff went to court asking

for a declaration of title under the Native Law and Custom on land and an injunc-

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tion restraining the defendant frc m coming on the said lands as the allottee had

no right to alienate family land without the consent of the family head and the mem-

bers. The High Court did not agree and the plaintiff appealed.

HELD:

1.

Any portion of land allotted to a member of the family to build on and live with

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his family, unless specifically granted to him absolutely, still remains family land.

Where the allottee built in the family compound, unless it was an absolute grant

(which is rarely made in the family compound), he could not alienate except

with the consent of the head arid members of the family; to hold otherwise would

be to have a total stranger living in the family compound without the knowledge

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and consent of members of the family.

2.

The allottee having accepted that this was family land, the onus was on him,

and anyone claiming through him, to establish a claim to an exclusive grant of

the family property. It was immaterial whether or not the land had been built on.

3.

The sale of the land by the Western Region Finance Corporation was void.

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Consequently a declaration of title would be decreed not only against the

purchaser of the family land without authority but also against anyone who took

the land from the purchaser. The declaration sought by the plaintiff/appellant

was wrongly refused.