LASISI LASUPO ALLI V. CHIEF J.O. IKUSEBIALA

A. G. KARIBI-WHYTE, JSC (Delivered the Leading Judgment): This appeal raises the question first, whether a conveyance of family land by the head of family in his personal capacity, and as beneficial owner is void and conveyed no legal estate. Secondly, in such a state of facts whether oral evidence was admissible to show that in reality the conveyance was in his capacity as head of family.

The facts of this case are not complicated. There are indeed several areas which remain undisputed. The case was first heard before Abina, J. in 1968, and plaintiff's claim was dismissed. Plaintiff appealed to the Western State Court of Appeal. His appeal was allowed and a retrial was ordered. It is the result of the retrial before E.B. Craig, J. (as he then was) which is the subject matter of the appeal before this Court. At the retrial, parties filed new pleadings, and agreed that the issue to be determined was whether the sale to the plaintiff was valid. It is clear on the pleadings that parties…