Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KALIO & ANOR
V.
WOLUCHEM & ORS.

(1985) JELR 45815 (SC)    

Supreme Court  ·  SC.97/1984 ·  22 Mar 1985 ·  Nigeria
 · 
Other Citations
Kalio v Woluchem (1985) NWLR (Pt.4)610 (1985) 3 SC 109
Kalio v Woluchem (1985) 1 NWLR (Pt. 4) 610
CORAM
MOHAMMED BELLO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
land
case
defendants
chief victor woluchem
evidence
chief james woluchem
family land
james woluchem
head of the family
learned trial judge
woluchem family
statement of defence
member of the family
important member of the family
sale of family land
said land
deed of conveyance
paramount chief
principal member of the woluchem family
common ground
high court of rivers state
instant case
own personal property
approval of such members of the woluchem family
claim of the family
contention of the appellants
deed of conveyance exhibit b
family belong
following paragraph of the defendants
former west african court of appeal
head chief of the woluchem family
leading judgment
learned justice of court of appeal
magistrate court
main contention of mr. egonu
mere witness
m. m. shadipe v
mrs. cecilia j. orizu
owner of the land
paramount chief of the community
paramount chief of their area
part of the woluchem family land
personal property of the vendor
shows james woluchem
strong evidence
such assurance
title of the family
undisputed evidence

D. O. COKER, J.S.C. (Delivering the Leading Judgment): This appeal presents a special feature which distinguishes the case from the generally accepted and well known principle that sale of family land by a member of the family as his own personal property is void. The principle is well established and cannot be doubted. What distinguishes this case is that the paramount chief of the community to which the family belong and who himself was a very important member of the family confirmed to the purchasers before the sale that the land in question was the personal property of the vendor, himself an important member of the family. As further assurance to the Purchasers that the vendor had the right to sell the land and put the purchasers into possession, the paramount chief witnessed the deed of conveyance to the purchasers without any objection or opposition from any member of the family for upwards of over ten years. The learned trial judge did not find on the evidence that the Woluchem…

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