Kadiri Balogun V. Tijani Anamu Balogun And thirteen Others (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Lagos Native Customary Land Law—partitioning of family property to convey absolute title—Historical and legal position.

Facts

In 1903 the seven surviving children of Okolo Balogun by Deed partitioned the whole of their late father’s property at 53, Balogun Street among themselves. The various portions so partitioned were clearly specified in the Deed. Alli Balogun, in addition to his c wn portion, acquired later, by purchase, the portion acquired by another of these seven children.

Alli Balogun died intestate, leaving two sons, the plaintiff and Yesufu Anamu Balogun, who partitioned between themselves their father’s share of the property in question. Later Yesufu Anamu Balogun conveyed his own share to the plaintiff by Deed. The plaintiff claimed that he was absolute owner of these two portions and issued a writ for the recovery of possession of the property.

The defendants averred that the house was family property and that the rights and interests disposed of by Yesufu Anamu Balogun could not override the defendants’ rights and interests in the property under native customary tenure.

Held

That the partition of family land with the consent of all members of the family conferred upon each member an absolute right to his partitioned portion.

Appeal allowed.