Legal Minds
Legal Minds
February 1, 2025 at 11:00 AM
*The answer is void because as the head of the family you hold the lands in a trustee position as such you can't do away with the land in any manner you like* *What is the Status of the Family Head?* In Amodu Tijani V Secretary of Southern Nigeria and the case of Kuma V Kuma the Courts saw him as a trustee who holds the property for the use of the family. This position is not totally correct. Accepted, just like the English trustee, he is expected to act for the benefit of the members and he institutes and defends actions against the family property. However, unlike the English trustee, legal estate is not vested in the family head, he is liable to judgment creditors and should obtain the consent of the family members before spending on the property-Aralawon V Aromire. :: Perhaps it is more convenient to follow the Supreme Court’s position in Solomon V Mogaji, where it held that the family head is a Manager who must act in good faith in managing the property.
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