LEGAL PRINCIPLE: LAND LAW – Family Head’s Consent – Validity of Family Land Sales in the Absence of a Family Head
PRINCIPLE STATEMENT
Where a purchaser of family land pays the purchase price, presents customary gifts, and is given possession by the family, a valid title is conferred notwithstanding that a subsequent document evidencing the transaction is inadmissible for lack of registration; such document may be admissible as a receipt or acknowledgment.
RATIO DECIDENDI (SOURCE)
"Where a purchaser of family land under customary law pays the purchase price, presents the customary gifts, and is let into possession by the family, a valid title is conferred notwithstanding that a subsequent document evidencing the transaction is inadmissible for lack of registration. Such a document may be admissible as a receipt or acknowledgment of the transaction."
EXPLANATION / SCOPE
This principle recognizes the primacy of substantive customary law requirements over formal documentary requirements in family land transactions. Under customary law, valid transfer occurs through payment of consideration, presentation of customary gifts, and delivery of possession—not through documentation. Registration requirements affect only the admissibility of documentary evidence, not the underlying validity of the transaction itself. An unregistered document cannot be used as primary evidence of the conveyance but may serve secondary evidentiary purposes as a receipt or acknowledgment that the customary requirements were fulfilled. This principle protects purchasers who have completed all substantive requirements from losing title due to documentary technicalities, recognizes the continuing validity of customary conveyancing practices, and prevents formalism from defeating substantive justice in land transactions.