PRINCIPLE STATEMENT

A grant or sale of family property by the principal members of the family without the consent of the head of the family is void ab initio.

RATIO DECIDENDI (SOURCE)

Per Iguh, JSC, in Akinfolarin v. Akinnola (1994) NLC-4441989(SC) at p. 24; Para E.
"A grant or sale of family property by the principal members of the family without the consent of the head of the family is void ab initio."
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EXPLANATION / SCOPE

Family property alienation requires the family head’s consent, even when principal (senior, influential) members participate. Without the head’s consent, the transaction is void ab initio (void from inception, never legally effective). This reflects: the family head’s special status as custodian of family property, protection against unauthorized alienation, and traditional property governance. “Principal members” means senior family members who might participate in family decisions, but their approval alone doesn’t suffice. The family head’s role is essential—their consent validates the transaction. Void ab initio means: the purported transfer has no legal effect, purchasers acquire no title, and the property remains family property. This protects: family property from improper alienation, family heads’ authority, and family interests. However, family heads cannot act arbitrarily—they’re expected to consult principal members. But the head’s consent is the legally essential element without which alienation fails completely.

CASES APPLYING THIS PRINCIPLE