CUSTOMARY LAW — Family Land Partition — Proof of Partition Under Yoruba Native Law and Custom
Principle Statement
Partition of a family property is one of the methods by which a family property can be determined in favour of the constituent members or family branches. Where the division is among constituent branches of the family, a new family ownership is created in as many places as the property is divided, each branch becoming the owner of the position partitioned to it. Partition must be brought about by the consensus of all members and branches of the family else it is void.
Ratio Decidendi (Source)
Per Adekeye, JSC, in Yesufu v. Adama (2010) NLC-123-186-2003(SC) at p. 19; Paras A–C.
"Partition of a family property is one of the methods by which a family property can be determined in favour of the constituent members or family branches. Where the division is among constituent branches of the family, a new family ownership is created in as many places as the property is divided, each branch becoming the owner of the position partitioned to it. Partition must be brought about by the consensus of all members and branches of the family else it is void."
Explanation / Scope
This principle establishes the requirements for a valid partition of family land under Yoruba native law and custom. Partition creates new family ownership for each branch. It must be by consensus of all members and branches; otherwise, it is void. The principle applies in customary land disputes involving family property. It ensures that partition is not imposed without agreement. The principle reflects the communal nature of family land ownership. It protects the rights of all family members. The court must determine whether consensus was achieved. The principle prevents unilateral division of family property. It ensures fairness in family land distribution.
