SAKARIYAWO OSHODI V. BRIMAH BALOGUN AND OTHERS

POLICY AND PRACTICE LAW REPORTS, 2PLR

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SAKARIYAWO OSHODI

V.

BRIMAH BALOGUN AND OTHERS

JUDICIAL COMMITTE OF THE PRIVY COUNCIL

16TH DAY OF JULY, 1936

APPEAL NO. 46 OF 1934

2PLR/1936/61 (PC)

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OTHER CITATION(S)

2PLR/1936/61 (PC)

(1936) P.C. 46

LEX (1936) – PC 46

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BEFORE THEIR LORDSHIPS:

LORD BLANESBURGH

LORD MAUGHAM

LORD ROCHE

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BETWEEN:

SAKARIYAWO OSHODI, SINCE DECEASED (NOW REPRESENTED BY DISU AKINYEMI OSKODI) — Appellant

AND

BRIMAH BALOGUN AND OTHERS — Respondents

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ORIGINATING COURT(S)

FROM THE FULL COURT OF THE SUPREME COURT OF NIGERIA

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

REAL ESTATE AND PROPERTY LAW – LAND:- Cession of Lagos territory to the British Crown in 1861 – Effect on the character of the private native rights over land – Exile and return of Oshodi Tappa, the then head of the Oshodi family – Grant of certain vacant lands to the Oshodi family who then divided same into 21 compounds under some selected slaves – Subsequent issuance by the Government of a series of Crown grants absolute in form to the various heads of the compounds so appointed by Oshodi Tappa – Legal effect – Whether heads of compound can alienate property within the compound without ratification of the Oshodi Tappa family

REAL ESTATE AND PROPERTY LAW – LAND:- Sale of family land – Acquiescence on part of principal family head validating a voidable alienation of land – What would not constitute CUSTOMARY LAW – SLAVERY:- Abolition of – Slaves of Oshodi Tappa of Lagos who he appointed heads of compounds over partitions of land granted to him by government – Where same land granted to Oshodi Tappa is subsequently granted to ex-slaves by government in absolute form – Legal effect

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