LEGAL PRINCIPLE: FAMILY LAW – Partition of Family Property – Ordered Only Where Disputes Are Irreconcilable
PRINCIPLE STATEMENT
A family member has the right to demand partition of family land, but this will only be granted if it is shown that there are disputes as to occupation rights that cannot be amicably settled among family members.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Agbomeji v. Bakare (1998) NLC-3121991(SC) at p. 34; Paras C–D.
"The plaintiff has an undoubted right to demand partitioning of the family land but this will only be granted if it is shown that there are disputes as to occupation right which cannot be amicably settled among the family members themselves."
EXPLANATION / SCOPE
Partition of family property is a remedy for irreconcilable disputes. The court will not order partition if disputes can be settled amicably. The principle applies to family land under customary law. The party seeking partition must show that occupation rights are disputed. The court will consider the interests of all family members. The rule promotes family harmony. Partition is a last resort. The court may order sale and distribution if partition is impractical. The principle balances individual rights with family unity.
