LEGAL PRINCIPLE: FAMILY LAW – Alienation of Family Land – Authority to Convey Family Land
PRINCIPLE STATEMENT
It is one thing to aver a material fact in pleadings and quite a different thing to establish such fact by evidence; where appellant asserts purchasing land from persons as accredited representatives of the owners, they must adduce evidence supporting this vital issue.
RATIO DECIDENDI (SOURCE)
"It is one thing to aver a material fact in issue in one's pleadings and quite a different thing to establish such a fact by evidence... In the instant case, the appellant inspite of his assertion that he purchased the land from the 2nd - 5th defendants as the accredited representation of the owners adduced no evidence whatever in support of this vital issue."
EXPLANATION / SCOPE
Pleading facts doesn’t prove them—evidence is required. In family land transactions, proving vendors’ authority is vital: family land can only be validly conveyed by authorized representatives (family head, principal members). A purchaser claiming to have bought from “accredited representatives” must prove: (1) the vendors were indeed family representatives; (2) they had authority to sell; (3) proper family procedures were followed. Mere assertion in pleadings without supporting evidence (testimony from family members, customary law evidence, proof of consent) is insufficient. Failure to prove vendors’ authority means the sale is invalid under the nemo dat principle—vendors without authority cannot pass title. This requirement protects families from unauthorized alienations while placing evidentiary burden on purchasers to verify authority