LEGAL PRINCIPLE: CUSTOMARY LAW – Family Land – Composition of Family for Communal Ownership
PRINCIPLE STATEMENT
Where inhabitants join their parcels of land together and adopt a common name, they constitute a family for communal ownership of that land. All such members have interest in the land and are competent to sue for its protection.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Yusuf v. Oyetunde (1998) NLC-651992(SC) at p. 10; Paras D–E.
"The position is that, apart from the evidence led by the plaintiffs, those whose ancestors settled upon parcels of land in Samologbe village regarded themselves as members of Samologbe family. The evidence of the 2nd P.W., Bamiji Alawuje, was that inhabitants in the area joined together their parcels of land and adopted the name 'Samologbe'. ... I find as a fact that the land released out of the land acquired belonged to members of Samologbe family in the sense aforementioned. For that reason, I hold that the plaintiffs, other than the 3rd plaintiff, have interest in the land in dispute and are, therefore, competent to join the 3rd plaintiff in bringing the present action."
EXPLANATION / SCOPE
A family can be formed by voluntary association for land ownership. All members have interest. The principle applies to customary land ownership. Members have standing to sue. The rule promotes communal landholding. The court will recognise such family structures. The principle is well-established.