LEGAL PRINCIPLE: CUSTOMARY LAW – Family Property – Sale by Family Land
PRINCIPLE STATEMENT
If the land in dispute was family property of Laamo, it could only be sold by the Mogaji with the concurrence of the principal members of the family.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adeleke & Ors v. Iyanda & Ors (2001) NLC-561996(SC) at p. 10; Paras C–D.
"If the land in dispute was family property of Laamo, it could only be sold by the Mogaji with the concurrence of the principal members of the family."
EXPLANATION / SCOPE
Under Yoruba customary law, family property cannot be sold by the Mogaji (family head) alone. The concurrence of principal family members is required. This protects the family’s collective interest and prevents alienation without consensus. A sale without such concurrence is voidable or void, depending on circumstances. The principle applies to all transactions affecting family land, not just sales. The burden of proving concurrence lies on the party claiming valid alienation. The court examines whether the transaction was for family benefit or to meet pressing family needs. Lack of concurrence renders the sale invalid. This preserves family land for successive generations.