LEGAL PRINCIPLE: CUSTOMARY LAW — Yoruba Native Law and Custom — Succession to Headship of Family — Eldest Surviving Son as Proper Person to Succeed
PRINCIPLE STATEMENT
Authorities abound that among the Yorubas, on the death of a founder of a family, the proper person to be head of the family is the 'Dawodu' or the eldest son.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Otun & Ors v. Otun & Anor (2004) NLC-2051999(SC) at p. 14; Paras C–D.
"Authorities galore to the effect that among the Yorubas on the death of a founder of a family, the proper person to be head of the family is the 'Dawodu' or the eldest son, who in this case happens to be the 1st defendant/respondent."
EXPLANATION / SCOPE
Under Yoruba customary law, the eldest surviving son (Dawodu) 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.
