Supreme Court 7th July, 2003.
Justices: Idris Legbo Kutigi, JSC, Uthman Mohammed, JSC, Sylvester Umaru Onu, JSC
Anthony Ikechukwuiguh, JSC, Niki Tobi, JSC
Subject Matter(s):
Possession – Survey Beacons Constitute Acts of Possession
Where Root of Title is not Proved, It is Unnecessary to Consider Acts of Possession
Acts of Possession are one of the Ways of Establishing Title, Not a Better Way
Where Two Parties Claim Possession/ Ownership
Alienation by Head of Family with Consent of Principal Members is Valid and Unimpeachable
Alienation by Family Head without Consent of Family Voidable
Sale by Family Head Without Consent of Principal Members is Voidable
Transfer of Family Land Without Head or Principal Members is Void
Sale by Family Member who is not the Head of the Family
Sale or Lease of Family Land/ Transactions by Principal Members or other Members Without Consent of Family Head
Sale of Family Property Conveyed as Personal Property is Void
How Head of Family is Recognised
Final Order: Appeal Dismissed