COKER V. OGUNTOLA & ORS

• Pages: 869-879

COKER V. OGUNTOLA & ORS.

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COKER V. OGUNTOLA & ORS.

AFOLABI COKER

V

10 MORIAMO OGUNTOLA & ORS.

SUPREME COURT OF NIGERIA

BELLO,

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J.S.C.

OBASEKI,

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J.S.C.

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NNAMANI,

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J.S.C.

UWAIS,

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J.S.C.

KAWU,

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J.S.C.

28th June, 1985

APPELLANT

RESPONDENTS

SUIT NO. SC 108/1984

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Appeals - Concurrent findings of fact by lower court - Attitude of Supreme

Court.

Equity - Acquiescence and laches.

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Land Law - Declaration of title and order selling aside conveyance - Lathes and

Acquiescence - Yoruba Customaty Law - Sale of family land as personal

property by Inember of family.

ISSUES:

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1. Whether a member of a family can sell family land as his own private property

under Yoruba Customary Law.

2.

What should be the attitude of the Supreme Court when it is faced with two

concurrent findings of facts by the lower courts?

3.

Whether acts of animal farming and the planting of cash crops can be regarded

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as acts of proof of exclusive ownership, such as to support a plea of

acquiescence and laches against the true owners.

FACTS:

The plaintiffs brought an action (on behalf of themselves and the Odutola fam-

ily) for a declaration of title to a piece of land and an order setting aside a con-

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veyance. It was alleged that the Odutola family land was sold by a custodian family

elder to the defendant's predecessor (his father) without the consent of the family.

The defendant acquired the disputed land by inheritance and established a pig-

gery and planted cash crops thereon. He continued to exercise numerous acts of

ownership on the land without disturbance until this action was instituted by the

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plaintiffs. The defendant sought to raise the plea of acquiescence and !aches in

that he had developed the land while the plaintiffs stood by. The trial judge held

that the plaintiffs had established their claim and granted the declaration of title.

The defendant appealed to the Court of Appeal which dismissed his appeal. He

then appealed to the Supreme Court.

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HELD:

1.

It is a well settled principle of Yoruba Customary Law that a member of a family

and even the head of the family cannot sell family land as his own private

personal property. Such a sale is totally null and void.