LEGAL PRINCIPLE: LAND LAW – Title to Land – Sale Under Customary Law – Requirements for Valid Sale

Valid customary law sale requires two essential elements: (1) Payment of purchase price—consideration passes from buyer to seller; (2) Delivery of possession—buyer given physical possession of land. Together these create complete customary law sale without need for: written documentation (though receipt may evidence payment), statutory formalities (registration, formal conveyance), or other statutory requirements. Customary law sale is consensual transaction recognized by native law and custom where: parties agree on sale and price, buyer pays, seller delivers possession, and ownership transfers. This differs from statutory conveyance requiring: written instruments, proper execution, and often registration. Customary law sale serves: communities where traditional transactions prevail, buyers/sellers operating under customary practices, and transfers without formal documentation. Evidence of customary sale includes: testimony of payment, witnesses to transaction, delivery of possession, and acknowledgment receipts (even if unregistered). Courts recognize customary sales as valid title basis when: properly proved under applicable customary law, parties had capacity under custom, and transaction complied with customary requirements. This principle validates traditional land transactions without imposing statutory formality requirements inappropriate to customary context.