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E. B. CRAIG, J.S.C. (Delivering the Leading Judgment): This appeal is concerned with a rather small parcel of land measuring only 30 feet by 40 feet and situated at Ayikondu Compound, Igbein, Abeokuta. Coincidentally, the legal point involved in the case is just as small and it is to determine:
Whether an allottee of Family property can pass an absolute title in the land to third parties?
This legal point has been canvassed in the three lower Courts (i.e. the High Court, Western State Court of Appeal and the Court of Appeal, Ibadan Division), and it is just as well to state the relevant facts as they apply to this appeal. In this respect, the parties will hereafter be referred to simply as plaintiff and defendants.
The principal claim before the Abeokuta High Court was for:-
"a declaration of title to all that piece or parcel of land situate at Ayikondu Compound, Igbein Abeokuta............."
There was also a claim for trespass and injunction but this appeal is not concerned with th…