LEGAL PRINCIPLE: CUSTOMARY LAW – Customary Tenancy – Alienation by Customary Tenant – Forfeiture
PRINCIPLE STATEMENT
The said parcels of land by the defendants could only be exercised according to the terms of the grant as anything to the contrary would make the grant liable to forfeiture. Section 151 of the Evidence Act and the cases cited by the defendants which I have read, are therefore of no assistance to them in these circumstances because as customary tenants of the plaintiffs they knew they cannot and should not alienate any portion of the land to anybody.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ekpe & Ors v. Oke & Ors (2001) NLC-351996(SC) at p. 11; Paras A–B.
"The said parcels of land by the defendants could only be exercised according to the terms of the grant as anything to the contrary would make the grant liable to forfeiture. Section 151 of the Evidence Act and the cases cited by the defendants which I have read, are therefore of no assistance to them in these circumstances because as customary tenants of the plaintiffs they knew they cannot and should not alienate any portion of the land to anybody."
EXPLANATION / SCOPE
A customary tenant holds land subject to the terms of the grant. Alienation of any portion to a third party without the overlord’s consent is prohibited. Such unauthorized alienation renders the tenancy liable to forfeiture. The tenant knows or should know they cannot alienate. Section 151 of the Evidence Act (admissibility of statements against interest) cannot assist a tenant who has violated the tenancy terms. The overlord’s reversionary rights are protected. Forfeiture is the remedy for fundamental breach. The principle preserves the integrity of customary land tenure by preventing tenants from treating granted land as their own.