In family property under customary law, each member only has life interest and the property is vested in all the children and descendants in perpetuity until it is Partitioned. In the instant case, for the respondent to have a right to claim the property in dispute either for himself alone, or as property of his own father, he needed to apply to court for an order of Partition of same. [Alao v. Ajani (1989) 4 NWLR (Pt. 113) 1; Ogunmefun v. Ogunmefun 10 NLR 8; Nzekwu v. Nzekwu (1989) 2 NWLR (Pt. 104) 373 referred to.] (P. 110, paras. E-F) Per PETER-ODILI, J.S.C. at pages 110-111, paras. H-B: โThe respondentโs counter claim is a separate action from appellantโs claim and it is irrelevant that respondent was sued by appellant in his personal capacity and so respondent must stand or fall in his counter claim by the case he pleaded therein. Nothing stopped the respondent from counter claiming in a representative capacity for the alleged Idi-Igis that owned the property in the Animawun Kuforiji family as put across by DW1โs, witness for respondent. Clearly the respondent had no locus standi to institute the counter claim. โ
Ayorinde v. Kuforiji (2022) 12 NWLR (Pt. 1843)
