LEGAL PRINCIPLE: CUSTOMARY LAW – Customary Tenancy – Out and Out Grant Inconsistent with Tenancy
PRINCIPLE STATEMENT
The aspect of the plaintiff's evidence that the alleged grant of the land in dispute by his family to the defendant's family was an 'out and out' grant seemed to suggest an absolute grant not limited by any conditions and certainly inconsistent with customary tenancy.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Abimbola v. Abatan (2001) NLC-2061994(SC) at p. 9; Paras D–E.
"The aspect of the plaintiff's evidence that the alleged grant of the land in dispute by his family to the defendant's family was an 'out and out' grant seemed to suggest an absolute grant not limited by any conditions and certainly inconsistent with customary tenancy."
EXPLANATION / SCOPE
An “out and out” grant—absolute and unconditional—is inconsistent with customary tenancy. Customary tenancy implies a limited interest, retaining the overlord’s reversionary rights. The tenant holds subject to conditions and cannot alienate without consent. An absolute grant suggests a transfer of full ownership, not a tenancy. The terminology used by the parties is significant. If the grantor describes the transaction as absolute, that negates the existence of a tenancy. The court examines the substance of the transaction, not just the label. Inconsistent descriptions may defeat a claim of customary tenancy. The principle helps distinguish between ownership and tenancy under customary law.