InkElites LMS

THE DOCTRINE OF ESTATE

LAND LAW (PROPERTY LAW) | Page 6 of 8
Watch Course Video on InkElites LMS
pontificated thus: “A corporation sole has been defined as a „body polity having perpetual succession, constituted in a single person, who, in right of some office or function, had a capacity to take, purchase, hold, and demise (and in some particular instances, under qualifications and restrictions introduced by statute, power to alienate) lands, tenements, and hereditaments, and now, it would seem, also to take and hold personal property, to him and his successors in such office for ever, the succession being perpetual, but not always uninterruptedly continuous... a Bishop at common law is a corporation sole. I can find nothing in the Land (Perpetual Succession) Act qualifying or restricting the common law on this point.” In the spirit of equality of religious organizations, there is no reason why this rule should not be extended to the title of clergymen (such as Pastor, Elder, and Imam) other than Bishops. In Idowu v. Williams, a lease was granted to 1st plaintiff for himself and on behalf of Idapo Mimo Cherubim and Seraphim, an unincorporated Church. Dosunmu J held that the lease was invalid because the church was not registered under the Land (Perpetual Succession) Act or any other law. It is important to mention that there no law compelling a religious organization to be incorporated in order to give validity to transfer made to it. A grant to a church is assumed as a grant to a corporation sole even when such church is not yet registered as one. In Anyaegbunam v. Osaka [2000] 1 NWLR (Pt. 657) 386, appellant granted his land to six named persons as trustees of a church at the time when the church was unincorporated. Subsequently, it was registered under the Land (Perpetual Succession) Act. In this action, appellant sought a declaration to the effect that