MONICA BOLNA'AN DONGBAN-MENSEM JP+, J.C.A. (Delivering the Leading Judgment): The Appellant as Plaintiff at the High Court of the Lagos State claimed as follows: -
(i) A declaration that the defendant is not entitled under Yoruba Native Law and Custom to unilaterally take over family property not allocated or partitioned to her by the family with the consent of the head of the family.
(ii) An order that the defendant do forthwith deliver possession of the two rooms wrongly taken over on 1st floor of the property situate at 15, Oke-Arin Street, Lagos.
(iii) The sum of N1,000.00 per month far the use and occupation of the two rooms from November 1993 the time the defendant took over possession until possession is given up.
The Defendant filed a statement of defence along with a counter-claim.
The counter-claim is as follows: -
(i) That under Yoruba Native Law of Custom of distribution by Idi-Igi defendant being one out of the two is entitled to two rooms out of the five rooms allocated …