LEGAL PRINCIPLE: CUSTOMARY LAW — Kola Tenancy — Inheritance by Children Irrespective of Sex Under Mgbelekeke Family Custom
PRINCIPLE STATEMENT
Under Mgbelekeke family customary law, kola tenancy is inheritable by the children of a deceased kola tenant no matter the sex, but only upon production by the succeeding child and acceptance by the family of further "kola".
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Mojekwu v. Iwuchukwu (2004) NLC-112000(SC) at pp. 9–10; Paras D–C.
"The evidence led on behalf of the appellant is that under Nnewi custom a male child inherits property; and if no male child, the brother of the deceased owner of property inherits even where the man was survived by female children. ... A similar situation arose in Udensi v. Mogbo (supra) ... This court, per Idigbe, JSC, observed inter alia ... 'the evidence which the learned trial Judge accepted (and rightly so, in our view) is that kola tenancy under the Mgbelekeke family customary law is inheritable by the children of a deceased (kola) tenant no matter the sex - but only upon production by the succeeding child and acceptance by the Mgbelekeke family, of further "Kola".'"
EXPLANATION / SCOPE
Under Mgbelekeke custom, children of both sexes can inherit kola tenancy. The principle applies to customary law. The inheritance requires production of kola and acceptance by the family. The rule recognises the custom as proved. The principle is well-established.
