Asafoatse Agbloe II & Ors V. E. T. A. Sappor & Ors (1947)
LawGlobal Hub Judgment Report – West African Court of Appeal
Native Customary Law—Grant of family land in firm of deed of gift—Diednot signed by all family heads—Validity—Native customary law—Acquisitionof right to use and occupation of family land—Lapse thereof on cesser of userof land—Reversion thereon to family.
Facts
The facts are sufficiently set out in the judgment.
The head of a family must join in a conveyance of family land and the principal members must concur therein. A conveyance purporting to transfer family land without these essentials is void ab initio.
Held
Where a right to use and occupation of family land has been acquired, that right is not extinguished and the land does not automatically revert to the family on the cesser of the user whereby the right has been acquired.
Appeal allowed in part.
