LEGAL PRINCIPLE: CUSTOMARY LAW — Yoruba Native Law and Custom — Succession to Headship of Family — Dawodu as Eldest Surviving Son
PRINCIPLE STATEMENT
There is a consensus that on the death of a founder of a family, the proper person to be head of the family is the 'Dawodu' or eldest surviving son. This is a well-established rule both in Lagos and other parts of Yoruba land.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Otun & Ors v. Otun & Anor (2004) NLC-2051999(SC) at p. 8; Paras B–C.
"There is practically a consensus of opinion that on the death of a founder of a family the proper person to be head of the family is the 'Dawodu' or eldest surviving son. This seems to be a well established rule both in Lagos and other parts of Yoruba land."
EXPLANATION / SCOPE
Under Yoruba customary law, the Dawodu (eldest surviving son) succeeds as family head. The principle applies to succession. The rule is well-established. The court will apply this customary rule. The principle is well-established.