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Periodical article | Leiden University catalogue | WorldCat |
Title: | The question of accountability in the customary law of pledge |
Author: | Olawoye, C.O. |
Year: | 1978 |
Periodical: | Journal of African Law |
Volume: | 22 |
Issue: | 2 |
Pages: | 125-132 |
Language: | English |
Geographic term: | Nigeria |
Subjects: | pledging customary law land law |
Abstract: | The judgement of the Supreme Court In Okoiko v. Esedalue, (1974) 3 S.C. 15, brings into prominence once again the question of accountability in the customary law relating to pledge of land. In that case Elias, C.J.N., made some propositions which call for comment It is here contended that the only proper case of accountability by the pledgee is where the transaction can be viewed as a security transaction, which is not the case with the pledge of farmland. It is also here contended that two of Elias' propositions are inconsistent with principle and as such cannot be correct expositions of customary law. The assertions are examined in detail: Is the pledgee accountable for his use of pledged land? (principle of accountability; the orthodox view; distinction between a pledge and a mortgage) - Pledgee's rights over improvements - Rights to harvest growing food crops - Conclusion: What is needed is positive legislation to streamline the law of pledge. Notes. |