A comparative study of land inheritance under Ikwo native and custom and other jurisdiction presents itself as an exploratory research, which the sourcing of data largely depend on primary sources. This situation arises because previous studies in this area did not specifically take care of land inheritance under Ikwo native law. In this chapter, the background to the study, problem statement, the research objective, research questions, significance, scope and limitations of the study are examined. Also, a brief introduction of the research methodology explained.

1.1       Background of Study
            There are various versions of the history of Ikwo clan, but the most reliable of such accounts are those stated by Eze in his book titled Cultural Identity of Ikwo Clan: Issues and Challenges1.         
            According to Eze, the first version tells of Noyo, being the son of Enyiwegu. Noyo gave birth to Omaka (father of Ekpeli, Ekpaomaka and Awokeomaka), Agom Ugbala (father of Echara and Enyiwegu), named after his grandfather (father of Inyimegu Amegu and Igbudu). Okpitimo
[1]as it is called is known to have been a collection of all other lineages of Ikwo. The place was said to have a war zone between Ikwo and the people of its neighboring communities who are already advancing from the present Cross River State commonly referred to as Azuenyim. One great warrior, Itumo led the expedition, fought and conquered them. As usual in Ikwo wherever there was war between Ikwo and any of their neighbours in any of its border areas, each playground (Edukfu), which means village or hamlet, had to contribute a troop of young and strong men to the war front to fight. The same contribution of able bodied men was also made when Ikwo is invited by any other community to assist them in wars.
            Having defeated the enemies and push them back, Ikwo people saw the warlord, Itumo as a good banner to stop further encroachment by the enemies and asked him to live there. Other strong men, who wished, also settled with him. More people continued to be sent from different parts of Ikwo to settle with him, to beef up security. The people who settled there with Itumo, being a conglomeration of strongmen became very difficult for him to rule; so much that he complained in Ikwo gathering that the people had become too difficult for him to control, hence the name Okpitimo, meaning “difficult to Itumo2.
[2]In an interview an Ikwo Chief, Chief Nwogbunku Elem narrated another version about Ikwo origin. According to him. “Noyo, Enyinwegu son, first gave birth to Ezze (father of Ezeke). Agom (father of Alike) was the second child; Mkpoke was the third. Following Mkpoke was Ekonyi (the father of Umota in the present Ekawoke). After Ekonyi, was Enyi whom Noyo named after his father- Enyinwegu (father of Ekpeli), the last and youngest lived with the father until death. This is because the most elderly ones were leaving their father to build their own houses and establish their own homes in some little distances outside their fathers own. Omaka, the father of Ekpeli was the last to live with the father Noyo. Being the closest to the man when he was already old, he understudied and assisted him. Having lived so closely with the father and understudied his religious, cultural and economic activities, Omaka was trusted by Noyo, for the sustenance of his cultivated culture and tradition. When Noyo became too old and suspected his death in the near future, he handed all he had to Omaka. This is because he was more confident in Omaka as the one who could keep on doing things the way he did it, including the rituals of his religious worship and general spiritual life”.
In his own account, Chapman3 was of the view that Noyo who [3]founded Ikwo is of common origin with Ezza and Izzi, but it is unlikely that every Ikwo today claim Noyo as the father of Ikwo.
As in other parts of Nigeria the Ikwos have multiple customs and traditions (customary laws), examples of these are Ikwo customary law of marriage, customary law of initiations into manhood/womanhood and Ikwo customary land tenure system. The Ikwo customary land tenure system is based on inheritance and succession. When a man dies, his property including his land is inherited by his brothers or relations. However if he dies with male children, then the children will inherit his property.

1.2       Statement of Problem     
            While the law of land inheritance and succession under the English law is reasonably settled, the aspect dealing with customary law is not. This breeds conflict and acrimony among heirs. The law discriminates among beneficiaries. Some are accorded rights of inheritance and others are not. Consequently, this customary law falls under the repugnancy doctrine test, and more important, International Conventions Against Discrimination.
The law of succession basically deals with testate methods of inheritance, and the rules governing them differ. When a man dies, the devolution of his self acquired property (land) depends upon whether he has made a will. If he has made a will, the property devolves according to the will. If no will exist, that is, under the condition of intestacy, his property devolves in accordance with the applicable customary law. Discrimination thus exists in the method of distribution under various customary laws. Unfair practices allow some to inherit while others cannot.
            Under the Ikwo native custom, it is still a matter of varying opinion whether to share the deceased land equally among the male heir, or to appoint the eldest son to run the descendant’s estate on behalf of the family.
            This research aspires to look at the inherent problems and conditions associated with the Ikwo customary law of land inheritance. The researcher will specifically look at the mode of land acquisition in Ikwo and its comparison to other jurisdictions such as Benin, Oyo and the English system.

1.3       Objective of Study                 
            The research is aimed at investigating the relationship between the customs of Ikwo and other jurisdictions such as Benin-kingdom, Oyo-kingdom and English law in terms of land inheritance.

14.       Research Questions   
            The research questions are:
1.                  How is land inherited under the Ikwo native law and custom?
2.                  Is the custom of land inheritance in Ikwo different from the system under the English law, Benin and Oyo-kingdom?
1.5       Significance of the Study  
            The study would be of significance in the first, the findings of the research will serve as a legal reference points in land matters, especially by the customary court when there is a cloud of uncertainty about the processes of acquiring land by inheritance and the right of inheritance of land under Ikwo native law and custom.
            Second, the document will serve the local communities in Ikwo as a reference material. The findings of the research will hopefully serve as a valid document for community leaders in Ikwo when they need arise.
            Third, in a generation that is fast moving away from customs under the guise of civilization, it is important to document the peoples’ land inheritance procedures for the future generations. This document will serve to protect land inheritance system under Ikwo native law and custom.
            Fourth, the study will make available, materials on the origin and customs of the studied jurisdictions in respect of land acquisition. Thus, literatures reviews evidences from the interviews and other sources such as documents examined in this study will serve as good reference materials for future studies. Research and scholars on related area will therefore benefit enormously from the study.
1.6       Scope of the Study       
            This study examines the most recent situation about land inheritance in Ikwo, Benin-kingdom, Oyo-kingdom and under the English law.
            The study is not intended to be an exhaustive comparative analysis of the research in this field but rather to provide sound piece on what is known about the nature of land acquisition under Ikwo customary legal system. It is hoped that the findings of the study will illuminate some of the gray areas in this field and will uncover the variability in land inheritance under the native laws and customs of Ikwo, Benin-kingdom, Oyo-kingdom as well as English system.

1.7       Limitations of the Study       
            In carrying out this study, the following factors posed a great challenge to the researcher.
(1)              Time Factor: One of the greatest challenges the researcher faced in the course of this work is dearth of time. Time was scarcely sufficient for my lectures, private studies and for this work. This made me work under pressure as I tired to attend to all my schedules within the shortest period of time. However, the effect of this time constraint on the findings of the study is not significant enough as to reduce the effect, validity and reliability of the research result.
(2)              Resources: The fact that there has not been much material on the topic Comparative Analysis of Customary Land Inheritance under Ikwo Native Law & Custom and Oyo, Benin and English law subjected me to untold pressure. Most of the writers in this area simply made a passing remark to it. In other words, the area is largely undeveloped. However, the adequacy of primary sources in the area helped to reduce the problems posed by dearth of secondary data.

1.8       Research Methodology  
            This study is purely a qualitative research and therefore uses qualitative research method. This is because the data for the study were sourced from primary source i.e. interviews of the research participants. However, the literatures reviewed in this study are from secondary sources: books, journal articles, newspaper publications and internet.
            In the course of gathering materials for this, I relied heavily on primary sources of data such as textbooks, article, newspaper publications and the internet.
            In qualitative approach, it is recognized that data collected through qualitative interview rely more on criteria other than validity, reliability, and generalizability4. Instead of dependence on the criteria of reliability and validity which leads to generalization, the qualitative part of this study depended on the criteria of trustworthiness and authenticity5. stated that two sets of criteria have been proposed: the trustworthiness criteria and the authenticity criteria for doing a qualitative aspect of any research. The trustworthiness criteria are judged by the criteria of credibility, transferability, dependability and conformability.
            The research depended on the trustworthiness and credibility of the information or data gathered fro the research participants through face-to-face oral and recorded interviews. The participants interviewed by the researcher are community leaders and elderly persons believe to have a wealth of knowledge of land inheritance law under Ikwo custom and tradition.
            The parallels of the criteria of trustworthiness in qualitative research are made up of four criteria, each of which has an equivalent criterion in quantitative research6:[4]
·    Creditability, which parallels internal validity;
·    Transferability, which parallels external validity;
·    Dependability, which parallels reliability;
·    Conformability, which parallels objectively;
Credibility refers to the confidence that can be placed in both the data collected and the analysis. The term is synonymous with validity in quantitative research.     

2.1       Introduction
In this chapter some legal terms such as land tenure, inheritance, customary law, jurisdiction, and meaning of land are explained. Also, the connections between those legal terms and how they apply to land inheritance in Ikwo community are reviewed, supported with some judicial authority and case laws.   
2.2       Definition of Terms
2.2.1   The Meaning of land Tenure
Prof. Okany defined land tenure as the condition under which a person holds his land1. In a simpler form, land tenure is the right to hold property (and other property like homes on land). The way that tenure is determined may vary depending on the country and sometimes land tenure exclusively refers to the way that land was distributed in medieval Europe under the feudal system. Of course, the word “tenure” must be taken into account too, and it can be defined as right to hold or condition on which right to hold or possess are established.
          The phrase “land tenure” is an offspring of feudalism. In the feudal system in Europe, much of the land was belonged to rulers, but these rulers gave land tenure to a variety of people, Including the nobility. The upper nobility held the land, but with their tenure could distribute to others [5]likes knight who might distribute if even more. Payment to this land was ultimately duty to the king, the noble the knight, or whoever had allowed someone else to live on it or hold it.
            According to Olawoye he defined the land tenure system in Nigeria to mean “the body of rules which govern the access to land and the relationship between the holder of the land and community on the other hand or between the holder and another party2.
            In the opinion of P.A.O Oluyede land tenure define the principle that protect the right to enter or hold a land to the community3.
            In the Land Use Act it was defined that land tenure is the method and mode of holding or occupy a land.
            Prof. J. N. Egwummuo opined that land tenure is the manner in which the law permits a person to hold land4.
            Wadie and Appah add that land tenure systems refer to customary or legal rights to customary or legal rights which regulate ownership and control relating to land use. The land tenure system therefore involves a bundle of rights which covers both the obligations and entitlements of the [6] holder, i.e what to do and what not to do with the land5. It is therefore clear that one may have tenure or a right to the land, but may not have taken possession of it. In support of Wadie & Appah’s view, de villagers, defines land tenure as the type of access, use or occupation arrangement one has on land and the conditions attached thereto6. Based on the above definitions there is a widespread agreement that land tenure is defined in terms of the functioning of three elements, these being: breadth, duration and assurance of property rights with regard to their legal and economic dimensions7. Land tenure is accompanied by a set of value systems attached to culture and these affect the way land is used. It is therefore logical to concluded that land tenure is a context-bound issue and is accompanied by a set of values that are often also culture-bound. This particular issue often leads to conflicts between particular interest groups, particularly where land is a scarce resource.
            In the words of Roger J. Smith, “A final reason to remember tenure is that it gave rise to the habit of classifying entitlement to land in terms of the time for which it could be enjoyed”8. Where land was given in [7]return for the performance of personal services, it might well be granted only for the life of the tenant, so that on his death possession reverted to his lord: the tenant’s entitlement came to be called a life estate, the word be being a version of status. If land is given to endow a family, it could be granted so as to be inheritable by the person who was heir (not necessary lineal heir) on the death of the current holder.   Each of these latter two entitlements was called a ‘fee’ (from the word feodum) to denote that it was inheritable. If the range of permitted heirs was limited to lineal descendants, there was a “fee tail” from the French word “tailler” meaning to cut (or to tailor). If the land descend to any heir, the fee was “simple”, that is not limited in any way.
            Land tenure is described by Dekker9 as the perceived right to hold land rather than the simple fact of holding land. Accordingly, land tenure is concerned with the rights, restrictions, and responsibilities people have with respect to the land. Dekker defined land tenure as “the way people are holding the land10. More specific, land tenure is the perceived institutional arrangement of rules, principles, procedures and practices, [8]whereby a society or community defines control over, access to, management of exploitation of, and use of means of existence and production.
            It is pertinent to point out that the given definition of land tenure may not be exhaustive for better comprehension of this research work, for this reason, the researcher decides to bring into being, a working definition which will stand as a yardstick for understanding the concept (land tenure) wherever it is used in this research work. For our present purpose, land tenure is seen as the relationship whether legally or customarily defined, among people, as individuals or groups, with respect to land. Land tenure is an institution i.e rules invented by societies to regulate behaviour. Rules of tenure define how property rights to land are to be allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. In simple terms, land tenure systems determine who can use what resources for how long, and under what conditions.

2.2.2   Inheritance                        
            Black’s Law dictionary11 defined inheritance as “property received [9]from an ancestor under the laws of intestacy” or “property that a person receives by bequest or devise”. Longman Dictionary12 also defines inheritance as money, property etc that one receives from someone who has died.
            Prof. Okany sees the word “inheritance” as the doctrine of fee simple estate. To him, the fee simple is the entire and absolute interest in the land, and is the nearest approach to absolute ownership that common law feudalism allows. It is the most extensive of the classes of freehold estates. The word “fee” signifies its inheritability while the word “simple” indicates that it is inheritable by the general heirs of the current owner, whether they are ascendants, descendants or collateral relations, thus, a grant of Blackacre to B and his heirs means that the estate will endure for as long as the person entitled to it for the time being dies leaning an heir. In other words, the estate continues as long as he is survived by a near relative on who it devolves.
            Inheritance of land is of interest to economists because of its importance in determining the ownership and distribution of wealth12 yet there is tremendous diversity in the rules and norms that govern the inheritance of real property (land) across different societies and cultures.
 [10]        In some cultures, inheritance is governed by rules that endow the testator with little or no discretion regarding the distribution of his property; examples included primogeniture (inheritance by the eldest son), uttimogeniture (inheritance by the youngest son), and equal distribution among potential heirs. In other cultures, the testator is afforded considerably more discretion, as when land is passed to the heir judged to be the best qualified to use it.
            Inheritance in Nigeria is normally determined by the customary rules of where the deceased person originates from and not by where he resides or lives, or where the property is situated. This ofcourse presupposes that he or she did not make a will, made a will before getting married.
            Nigerian systems on inheritance and succession are predominately patrilineal (i.e inheritance through the father) than matrilineal mother).  It is the law that when a man dies without making a will, his property. The supreme court of Nigeria in the case of Mohammed v Klargester Nigeria Ltd14, held that where a person died, without making a will (intestate) leaving many heirs behind, his property will devolve on the heirs and will become a communal or family property [11]of all members of the family. The court also held that in a situation like this no inheritor can sell or convey such property without the consent or ratification of the other co-heirs. That means that whoever buys such property from one or more members of the family without concurrence of the other members has bought nothing. It is a common phenomenon for one or more family members who feel that they are stronger or better positioned in the family to sell such property to a buyer without the concurrence of other members of the family in reckless disregard of whatever maybe the consequence.
            The literature on land inheritance in this paper, centers on comparing the custom among the four areas of study: Ikwo, Benin, Oyo and England. For the propose of this research work, it is necessary we evolve a working definition of inheritance so as to serve as a guide. For our present purpose, in heritance is the practice of passing on property (which is in this case is land) and obligations upon the death of an individual.

2.2.3   Customary Law                
            Before the advent of Europeans, there existed principles notions, norms, rules agency and institution of law in the various geo-culture groups that made up what is now known as Nigeria. There was indigenous law, customary law15. Customary law is unwritten and there are several such [12]customary laws in Nigeria, each ethnic group having its own separate systems of customary law16. For example: the customary law system of Ikwo in Ebonyi state may be different from the customary law system of a neighbouring town in the state even though the indigenous people of both towns are Ibo, same applies in Benin and Oyo states it is this diversity of customary law systems that act as a major obstacle to unity to uniformity of customary law systems in each state of the federation and Nigeria at large.
            Customary law has been defined differently by scholars and given different interpretation by judges. Allot17, gave a holistic description of customary law when he puts it thus: “… law and costmary law in particular may have different meanings that is maybe viewed and handled differently by different categories of persons professionally concerned with it. To the anthropologist, it is part of the mechanism of social contract or a segment of what he may call “jural phenomena”. To the judge of the high court, to the legal practitioner advising a client, to the academic lawyer conducting a field investigation, the problem, of customary law in its general sense and the ascertainment and status of [13] a rule of customary law in particular may be approached in various ways. It is important to make note of and if possible reconcile those varying approaches, otherwise undesirable misunderstandings and even conflicts may develop between these different investigations and handlers of customary law”.
            According to Obilade18, “Customary Law consists of customs accepted by members of a community as building among them” Odike19, defines custom as “those practices of the society, which continue to be observed over a period of time. Put in another word, custom means the usage or practice of people in doing a particular or certain manner for a long period of time”. Evidence Act20 defines custom as “a rule which, in a particular district has from long usage, and Olaoba21, define customary law as the “unwritten law or rules which are recognized and applied by the community as governing it transaction and code of behaviour in any particular manners”. In Alfa & Omega V Arepo22, the court defined customary law as an “ancient rules of law binding on a particular community and which rules do changes with times and the rapid[14] development of social and economic conditions” Bairamian, F. J. in Owoniyin V Omotosho23 described customary law as “as mirror of accepted usage”. The supreme court adopted the above definition in the case of kidney & Ors V military Governor of Gongola state & Ors24.
            Tobi25, being a retired supreme court judge gave a long description of customary law before he condensed it into a definition as a “law relating to custom or usage of a given community. Customary law emerges from the traditional usage or practice of a people in a given community which by common adoption and acquiescence on their part, and by long and unvarying habit has acquired to some extent element of compulsion and force of law with reference to community. And because of the element of compulsion which it has acquired over the years by constant, consistent and community usage, it attracts sanctions of different kinds and its enforceable”. Putting it in a more simplistic form, the custom, rules and traditions which govern the relationship of members of a community are regarded as customary laws of the people”. Mwalinu26, says most social life in Africa is structured under customary laws.
[15]         From above definitions it is clear that customary law is the accepted customs and culture of a given people or community which after a long usage acquire a legal backing. Suffice it to a legal backing. Suffice it to say that one major characteristics of customary law is its acceptability, before a custom can become a law it must be generally accepted by the people as a rule governing them. Arising from the definition also is the flexible nature of customary law, because customary law is unwritten, it is flexible and can easily adapt to changing situations without necessarily losing its content and concept. On the flexible nature of customary law Osborne, C. J. in Lewis V Bankole 27 has this to say; “…. Indeed one of the most striking features of West Africa native custom, to my mind, is its flexibility; it appears to have been always subject to motives of expediency, and it shows unquestionable adaptability to altered circumstances without entirely losing its individualistic characteristics”.
            Some scholars distinguish customary law from Islamic law, saying customary laws are indigenous laws while Islamic is received religious law28. It is my view that Islamic law is not indigenous it is received and introduced into the country as part of Islam. However, Islamic law is in [16] written form, religious-based and is reflected in a codified form in Quran and other sources like the Suna, this form of law is generally and commonly referred to as Sharia law.
            It should be noted that though customary law is largely unwritten, this unwritten attribute is gradually fading away29. Some communities in Nigeria have taken steps to reduce some of their customs, traditions and usages into written forms. This is as a result of conflicts and dispute arising from customary law practices.

2.2.4   Jurisdiction 
            From the earliest times, it has been the question of a great thought in the minds of jurists as to the proper definition of the word “jurisdiction” it does seem a little strange, therefore, that an exact and precise definition of this term should not long since have been settled. This must be due either to the general difficulty that attends the making of definitions, or to a want of agreement among jurists as to the elements that property enter into the idea or legal notion for which the term is supposed to stand. Inquiry will probably show the latter to be the cause. Yet it seems there is no word known to the law more capable of exact[17] definition. An examination of the essential nature of the idea for which the term is supposed to stand, will doubtless disclose the difficulty, and the nature of it, which has been encountered in defining the word; and which definition bears the closest correspondence to the idea itself.
            The nature and essence of the idea usually called jurisdiction, can be readily ascertained by an examination of some of the principal cases where the idea is present, and a definition of the term is given.
            In Exparte walker30, it is defined as “the power or authority to pronounce the law on the case presented, and to pass upon and settle by its judgments the rights of the parties touching the subject-matter in controversy, and to enforce such sentence” in Jones V Brown31, it is said that jurisdiction is defined to be the authority of law to act officially in the matter than in hand.
            Perhaps the most generally quoted definition is that given by Mr. Justice Baldwin in United States V Arredondo et al32 and in state of Rhode Island V state of Massachusetts33. In the former case justice Baldwin says: “The power to hear and determine a cause is jurisdiction; it is Coram Judici”.
            [18]In the latter case the same justice to hear and determine the subject-matter in controversy between parties to a suit, to adjudicate or exercise any judicial power over them”.
            The above definitions of jurisdiction entail the connotative legal meaning of the word form its origin. However, for the purpose of this research work, jurisdiction shall simply imply the geographical areas within which this research work is focused. Put in another word, the word “jurisdiction” is used here to denote the scope of the study.
            Hence, the jurisdictions of this research work are Ikwo community in Ebonyi State, Benin –Kingdom (Bini), Oyo and united kingdom.   

2.3       Meaning of Land
            In the words of Ese34, land includes the surface soil any building or things attached to or growing on it water on it, the arising above it to a reasonable extent in the sky necessary for its enjoyment ground beneath it and its mineral resources.
            Section 205(1) (i) (x) of law of property Act 192535 provides inter alia that “land” includes land any tenure, and mines and minerals whether or not held apart from the surface vertical or made in any other [19]way, and other corporeal hereditaments, also a  manor, an advowson,  and a rent and other incorporeal hereditaments, and an easement, right privileged, or benefit in, over, or derived from land; and mines and minerals includes any state or seam of minerals or any substances in or under any land, and powers of working and getting the same; and manor includes a lordship and reputed manor or lordship; and ‘hereditament’ means any real property which on an intestacy occurring before the commencement of this Act might have devolved upon an heir”. 
            In a simpler sense, land includes not only the ground, soil and earth, but also all buildings on the land, any fixtures attached thereto,    mine and minerals and any incorporeal rights such as easements33.
            The legal conception of land under customary law has been a matter of controversy among authors. Obi, in his book The Ibo Law of proepryt35, claims that a remarkable aspect of African customary law is the fact that land does not include things growing on, or attached to, the soil, and that neither economic tress, nor houses, form a part of the land on which they stand. Lloyd, in his Yoruba Land Law36, also claims that in Yoruba customary law, a distinction is drawn between land (the soil) and improvements thereon. On the other hand, Dr. Coker in his family [20]property among the Yorubas37 states categorically that in any application of the term “land includes buildings thereon. This view is supported by Ollennu in his, Customary Land Law in Ghana where he stated. “The term land as understood in customary law has a wide application. It includes the land itself, i.e, the surface soil; it includes things on the soil which are enjoyed with it as being part of the land by nature, e.g, rivers streams lakes, lagoons, creeks, growing trees like palm trees and dwadawa trees, or as being artificially fixed to it like houses, buildings and structures whatsoever, it also includes any estate’ interest or right in, to and over any of the other things which land denote e.g the right to collect snails, herbs or to hunt on land38
            Coker’s39 view, which appears to accord with judicial decisions on the subject, is more convenient and is there fore to be preferred.
            Okany40 observes that in the law, land has not only length and breadth but also has volume, for it extends upwards to the centre of the earth. It also includes even abstract incorporable rights like the right of way and other easements as well as profits enjoyed by one person over the ground and buildings belonging to another. In other words, land includes things attached to it as well as rights annexed thereto.
[21]         What emerges is that land may have both natural and artificial contents, though it is its natural contents, namely the ground and its subsoil and things growing naturally on it, that form its basic elements. Where an artificial content, like buildings and other structures or trees, has been added, the question has arisen whether such additions form an integral part of the owner of the ground41. Under English law, the principle, which is supported by Dr. Coker and Ollennu42, is “quncquid plantatur solo, credit”, which means that whatever is affixed to the land is  part of it. The above principle does not apply to that which is on the land. If a car is on the land, it is not part of the land, it is not part of the land, even though it can be physically lifted. Things placed on land, whether made of the product of the soil or not, do not constitute land. Thus, building materials placed on land do not because land until the building is erected and would cease to be land when it is demolished. Again, timber is only land when it still grows; as soon as it is cut, it ceases to be land and become a chattel. Annual cultivated crops, otherwise known as fructus industrials, though growing on land are not regarded as land because of the transient nature of the cultivation. There annual crops popularly known as emblements are not part of land and are regarded as [22]chattels, even before they are severed from the land. Thus, a cultivator of, for example, yam, cassava, maize, what or potatoes, may sell the product while still attached to the land, without following the procedure prescribed for the sale of land, and a person entitled to inherit land is not entitled to reap the annual crops growing thereon. Fructus naturals, on the other hand, are treated as land. This term applies to the natural products of those plants and trees which, although needing attention when first planted, do not required it each year to produce a crops, such as fruits from fruit trees. However it is only permanent trees that are comprehended in the term, land.
            This principles has been accorded statutory recognition. According to section 3 of the law (Miscellaneous Provisions) Act43, “Immovable property or lands includes land and everything attached to the earth, and all chattels real, but does not include minerals. It therefore follows that the owner of a particular piece of land also owns all buildings and trees standing on the land.
            In a cultural context, Bohannan44 defined land as ‘a’ measurable entity divisible into things – like ‘parcel’ by means of mathematical and technical process of surveying and cartography. In geographical context, [23]Vink45 has defined “a tract of land” as a specific area of the earths surface: its characteristics embrace all reasonably stable, or predictably cyclic attributes of the biosphere vertically above and below this area including those of the atmosphere, the soil and underlying rocks, the topography, the water, the plant and animal populations.
            The economic definition of land is aptly stated by Raleigh Barlowe46 as the sum total of the natural and man-made resources over which possession of the earth’s surface gives control, within this broad conception, land includes the ground, water, ice, forests and mineral deposits. It also includes natural phenomena such as sunlight, wind, rain and temperatures as well as man-made improvements like farm fixtures attached to the surface of the earth.[24]

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5.1           Observations
                It is the quest for the moral nature of the basis for the modes of land inheritance under Ikwo native law and custom that prompted its comparison to other jurisdiction such as English system, Benin Kingdom and Oyo Empire.
                From the expositions in this work, the writer observed that land inheritance is an undermined mode of land acquisition which is directly or indirectly obtainable in all parts of the world.
                The writer also observed that various jurisdictions such as the ones studied in this work, have varied customary laws on inheritance of land.

5.2           Recommendations
                Based on the findings the writer recommends the following:-
(1)           Land inheritance studies should be introduced in our universities             curricular, it should be a course in law, under land law. This will            enable law students and lawyers to be well grounded in the           customary laws of land acquisition, so as to be able to know          when the custom is inconsistent with an existing law; against            public policy or morality.
(2)           Historians should write more books on the customs of various       communities of Nigeria, to enable legal practitioners have better       authorities to lay hands on when litigating on any matter thereon.
(3)           There should be a shift in the custom of Ikwo people, which           excludes woman from property inheritance, as this could be      injurious or dangerous to human existence in our contemporary society.
5.3           Conclusion      
                The law of inheritance comprises rules which govern devolution of property on the death of a person, upon other persons solely on account of their relationship to the former. The fundamental conception of land inheritance in Ikwo community is to the effect that if a man dies with male children, whatever he had are inherited by them. If he dies with only female children, the brothers inherit the property. Female children have no right of inheritance, neither has the wife. Should the wife not be remarrying, it is the prerogative of the uncles or the male children to decide the late husband’s portion of land to be conceded to her.
                In relation to land inheritance under the English system, it has been seen that the practice of primogeniture is predominant. Yet daughters could inherit land to a copyhold when there were no sons to inherit.
                Under the custom of Oyo people, both male and female children can inherit the property (land) of their late father to the exclusion of all other relations. In this case, the female children share equally with the males.
                The Benin customary law of inheritance is also governed by the principle of primogeniture. Thus, on the death intestate of a father, the eldest son succeeds to all his landed property to the exclusion of the other brothers and sisters, provided that he has performed all the customary burial ceremonies of his father.             
Allot, Cases in African Law (London: Butterworth, 1960)
Badaika, A. D. Development of Customary Law Lagos : Tiken Publishers, 1997).
Black H. C., Black Law Dictionary 16th Edition United State (USA West      Publishing Company 1990) 
Bryan A. G., Blacks Law Dictionary 9th Ed (USA: West Publishing Co,         2009).  
Cheshire G. C., The Modern Law of Real Property (Oxford, Claredon           Press, 1937).
De Alliers, Agricultural Land Reform Policies for the Northern Province     (Kenya: Longhor Publishers Ltd, 1996). 
Egwummuo J. N., Principles and Practice of Land Law (Lagos: J. N. Publication, 1999).
Ese M, Law of Tort (Lagos: Princeton Publishing Co, 2008).
Eze Oliver, Cultural Identity of Ikwo Clan: Issues and Challenges (Ebonyi Citizens Advocate Press, 2011)
Green K. and Cursley J, Land Law, (London: Macmillan, 2004)
Haley M., Nutshells Land Law, 7th Edition, (Sweet & Maxwell, 2007)
Hargreasres Land Law, 4th Edition, (Oxford, Claredon Press, 1998)
               Hick J. and Allen G., A Century of Change: Trends in UK    Statistics since 1990.
Michael H., Nutshells Land Law (London: Sweet & Maxwell, 2007).
Mwalinu C, Nigeria Legal System, Vol.1 (New York, Peter Lay Publishing Inc, 2005).   
Obiyade, A. O., The Nigerian Legal System (London: Sweet Maxwell, 1979).
Odike, E. A. Principles and Practice of Nigeria Law (Willy Rose &    Appleseed Publishing Coy, 2009).
Okany, M. C., Nigeria Law of Property 2nd Ed (Nigeria, Fourth Dimension   Publishers, 2000) 
Olawoye C. O., Title to Land in Nigeria (London: University of Lagos Press and Evans Brothers Limited) 
Oluyede P. A. O., Modern Nigerian Land Law (Nigeria, Evans Brothers Limited, 1989) 
Paul B, Land, Tenure and Land Tenure, African Agrarian Systems     (London: Oxford University Press 1966).  
Relegih B, Land Resource Economics (Prentee Hall Inc, 1963)
Roger J. S. Property Law: Cases & Materials (London: Pearson Education Limited) 
Roger, J. S., Property Law 5th Ed (Henry Ling Ltd, 2006)
Tobi N, Sources of Nigerian Law, (Lagos: MJ Professional Publishers Ltd, 1996).
Vink APA, Land Use in Advancing Agriculture, (New York: Springer Vertag, 1995).  

[1] Eze Cultural Identity of Ikwo Clan: Issues and Challenges, citizen Advocate Press, Nigeria, 2011  Pp. 37-40
[2]  Ibid
[3] Chapman G. B. G., Assessment Report Ikwo Clan, Abakaliki Division- Ogoja Province   
[4] Connelly, F. M. and Clandinin, D. J.
5. Educational Reseracher, (internet)
6. (Guba and Lincoln 1994, p.114; Bryman and Bell 2011, p.395) 
1 Martian C. Okany, Nigerian Law of Property (Enugu: Fourth Dimension Publishing Co. Ltd, 2000) p. 39
2 Olawoye C. O., Title to land in Nigeria (London: University of Lagos Press and Evans Brothers Limited, 1974
3. Oluyede P. A. O, modern Nigerian Land Law (1989)
4 Egwummuo J. N. Principles and Practice of land law, Lagos: J. N Publication (1999) 
5 Wadie N. & Appali A, Land ownership in the economic development of Ghana 1945-1975 (1981) pg. 32
6 De Villiers, Agricultural hand reform polcies for the northern province (1996) pg.14
7 moor & Nieuwondt, tenure security and in Zimbabwe: implications for south Africa.
8 Roger J. Smith, property law: cases & materials (London: person Education Limited) pg. 32

9 Dekker, HAL, the invisible line: land reform, land tenure security, and land registration, Astigate Publishing (2003)
10 Ibid  
11Bryan A. Garner, Black’s Law Dictionary (U.S.A: West Publishing Co, 2009) 9th edition p 853
12 Longman Contemporary English Dictionary, 5th Edition
13 Pryor. F. simulation of the impact of social and economic  institutions on the size distribution of income and wealth (1973) pg. 50 
14 Mohammed V Klargester  Nigeria Ltd. (2002) 14 NWLR part 787 page 335 at pages 360-362  
15  Badaika, A. D. Development of Customary law Tiken Publishers, Lagos, Nigeria 1997 pg10
16  Obilade, A. O., the Nigerian Legal System, London, sweet Maxwell, 1979, pg 83
17 Allot, cases in Africa, law, London Butterworth, from Olona Adefi (1960) pg 74
18Oblilade, A. O. the Nigerian legal system, London, sweet Maxwell (1979) pg -83
19 Odike, E. A. Principles and Practice of Nigeria law, Willy Rose & Appleseed Publishing, coy (2009) p.18
20 Section 2 (1) of Evidence Act, Cap.112, Laws of Federation of Nigeria       
21 Oyewo and Olaba,   
22 (1963) ALL NLR 95
23 (1961) 1 ALL NLR, 304
24. (1988) 2 NWLR (pt. 77) 445
25 Tob, Niki, sources of Nigeria law, mij professional publishers ltd, Lagos (1996) pg. 103-104
26 Mwalinu, Charles, System Nigeria Legal vol 1 Public Law, Peter Lay Publishing inc New York (2005) pg 78 
27  (1908) NLR, 81. from Tobi, Niki (1996:109) sources of Nigerian law, MIJ Professional Publishers Ltd, Lagos  
28 see generally, Nwalinu, Charles: Nigerian Legal system vol 1 Public law, Peter lay Publishing inc,  New York (2005) 
29 Rotibi V Savage (1944) 17 NLR 77
30  25 Ala 81
31 54 10wa, 74
32 6 Peters, 691
33 62 Peters, 657

34Ese Malemi, Law of Tort (Lagos: Princeton Publishing Co, 2008) pg. 182
35 Law of property Act, section 205 (1) (i) (x)

35 Micheal Haley, Nutshells Land Law (London: Sweet & Maxwell, 2007) Pg. 3, see also interpretation Act 1978, schedule 1
36 (1963) P.32
37 (1996) 2nd ed. p.45
38 (1962) p.1
39 Supra
40 Supra
41 Supra
42 Supra
43 Formally interpretation Act, cap 89 (Laws of the federation and Lagos); Cap 51 (W.N.) S.3; Cap 66 (E.N)
44 Paul Bohannan, Land, Tenure and land tenure, African Agrarran systems, Oxford University Press, 1966 
45 APA Vink, Land Use in Advancing Agriculture, Springer Verlag New York, 1995
46 Relegih Barlowe – Land Resource Economics Prentee Hall Inc. Englewood Cliffs, N. J. 1963

1 Roger, J. S. Property Law (5th Edition), Henry Ling Ltd, 2006, p. 31
2 Ibid
3 Okany, M. C. Nigeria Law of property (2nd ed) fourth Dimension Publishers, 2000, p.48 
4 G. C. Cheshire, The modern Law of Real Property (9th ed). p.28
5 Hargreaves, Land Law, 4th ed, p.46
6 Black’s Law Dictionary, 9th Ed, Bryan 
7 Okany, M. C, Nigerian Law, of Property (2nd ed), Fourth Dimension Publishers, 2000, p.50-51
8 Haley M., Nutshells Land Law, 7th Ed, Sweet & Maxwell, 2007, P.12
9 Ezejiofor, “The Law of Proper”, in introduction to Nigerian law, (ed. Oknokwo, C. O), (1980), P.229
10 Haley, M. nutshells Land Law, (7th Ed), sweet and Maxwell, 2007 p.12
11  Okany, M. C., Nigerian Law of property (end ed), forth dimension publishers, 2000, p.53
12 Azuka A Dike, Anthropos, 1983, pg. 856 
13 Ibia
14 Ibid
15 “Eutrustees” are people given the reasonability for something usually after establishing a confidential relationship 
16 Ibid
17 Ibid
18 Ibid
19 Their land was held in knightly service tenure. In exchange, the monarch demanded a certain number of men for military duty or the money to pay the men. Feudal tenures of this type were formally abolish in the later seventeenth century.     
20 The standard work on manorial customs in post- conquest England is still G. humans, English Villagers of the thirteenth century (1941). Homans associated impartibel inheritance with rich soil areas where the land was less, animal husbandry payed a larger role and holdings were individual firms.  
21 On the emergence of the patrilineage in the medieval period and the way it was superimposed on the older bilateral system of kinship see D. HERLIHY, MEDIEVAL HOUSEHOLDS pg. 82-83 (1985)
23 _03.shtiml, inheritance, succession wills and private trust 
24 Ibid
25 Ibid
26 Ibid
27 Ibid
28 newstoweronline
29 Ibia
1 J. Hicks and G. Allen, A century of change: Trends in UK statistics since 1990 (21 December 1999) house of commons research paper pg. 11-12
2 Martin C. Okany, Nigerian Law of Property (Enugu: fourth Dimension Publishing Co. Ltd, 2000) pg 597 
3 Ibid
4 The term in loco parentis, latin for “in the place of a parent”, refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent.  
5 (1962) L. L. R. 39
6 Supra
8 Nwabueze, Nigerian Land Law, (1972) p.373
9 Smith, property Law, (Pearson, Longman ,2006) P.90
10 Okany, supra
11. Based upon the availability of the equitable remedy of specific performance. Unless relating to land, sale contracts are not generally specifically enforceable   
12  Tiverton Estates ltd V Wearwell Ltd (1975) ch146
13 PH V PHH Asset Management Ltd (1994) 1 WLR 327
14 K. Green and J. Cursley, land law, (London, Macmillan, 2004,) P. 169 
15 Ibid
16 No.6 of 1978
17 B. O. Nwabueze, Nigeria Land Law, (Enugu, Nwanife Publisher Ltd, 1972) pg 56
18 (1962) W. N. L.R, 1
19 Olawoye, Meaning of Family Properly, (NJCL vol.2, 1970),  P.300
20 Ibid
21 (1962) 1 All NLR 681
22. Olawoye, Meaning of Family Property, (NJCL, vol.2 1970), P.41
23 Oshodi V Balogun (1936) 4 W.AC.A 1 at 2
24 Isiba V Harrison and Anor (1967) NSCCS
25 (1959) SFSC 270
26 (1941) 16 N.L.R 43 at 50
27 (1959) W. R. N. L. R 138
28 Olawoye, Meaning of Family Property, (NJCL, Vol. 2, 1970), P.50
29  N. U. Eze, Cultural Identity  of Ikwo clan; Issues & Challenges, Ebonyi Citizen’s Advocate Press, 2011,    P. 385
30 Ibid
31 Umunne is a general Ibo word, which means or has to do with persons that are bloodily related    
32 The standard work on manorial customs in post conquest England is still HOMANS, ENGLISH VILLAGES OF THE THIRTEENTH CENTURY  (1941). Homans associated in partible inheritance with rich soil areas where the land was less, animal husbandry played a larger role and holdings were individual farms.
33 Adeseye V. Taiwo (1956) IFSC 84; Coker, G. B. A family property Among the Yorubas (1966), ch.12 34 sule V. Ajisegiri (1937) 13 N.L.R 146   
35 Ogvu is part of Ikwo religious beliefs. It
36 Eze, Cultural Identify of Ikwo Clan; Issues & Challenges, Ebonyi citizen’s advocate press, 2011, p. 387
37 Oloko v Giwa (1939) is N.L.R 311
38 Sule V Ajisegiri (1937) 13 N.L.R 146
39 Re Edward Forster (19380 14 N.L.R 83
40 http//, inheritance, succession wills & private trust

41 Okany M. C., Nigerian Law of Property, 2nd  Ed, fourh Dimension Publishers 2000, p. 778 -779
42 Bradbury, R. E; and Lloyd, P. C, The Benin Kingdom and The Edo-Speaking Peoples of South-Eastern Nigeria: West Africa, part XIII (international African institute, London 1957), Pp-46-47; Thomas, N. W.; Anthropological Report on the Edo-Speakign Peoples of Nigeria: part 1 (Harrison and Sons, London 1910) see the statement of Bini customary law of succession in Ehigie V Ehigie (1961) All N. L. R. 842, 845.
43 Eze N. U., Cultural Identify of Ikwo clan; Issues & challenges, Ebonyi, Citizen’s Advocate Press, 2011, p.387        
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