PRINCIPLE STATEMENT

From the evidence of the transaction, I would say that there had been a valid sale of the land in dispute under native law and custom: See Cole v. Folami (1956) 1 FSC 66. All the requirements of a valid sale were present. She paid for the land and the land was handed over to her in the presence of witnesses. A valid sale of land by native law and custom is without the necessity for a conveyance as under English law. What is required is the handing over of the purchase money by the purchaser and by the delivery of possession on the other hand by the vendor.

RATIO DECIDENDI (SOURCE)

Per Katsina-Alu, JSC, in Elema & Anor v. Akenzua (2000) NLC-371995(SC) at pp. 9–10; Paras E–A.
"From the evidence of the transaction, I would say that there had been a valid sale of the land in dispute under native law and custom: See Cole v. Folami (1956) 1 FSC 66. All the requirements of a valid sale were present. She paid for the land and the land was handed over to her in the presence of witnesses. A valid sale of land by native law and custom is without the necessity for a conveyance as under English law. What is required is the handing over of the purchase money by the purchaser and by the delivery of possession on the other hand by the vendor."
View Judgment

EXPLANATION / SCOPE

Under native law and custom, a valid sale of land requires two essential elements: (1) payment of purchase money by the purchaser; and (2) delivery of possession by the vendor. These acts must occur in the presence of witnesses. No formal conveyance or written instrument is necessary. This customary mode of transaction is legally recognized and enforceable. The presence of witnesses ensures the transaction is witnessed and can be proved. Once these requirements are satisfied, title passes under customary law without the formalities required for English law conveyances.

CASES APPLYING THIS PRINCIPLE

None recorded.