LEGAL PRINCIPLE: CUSTOMARY LAW – Customary Tenancy – Non-Payment of Tribute Not Conclusive
PRINCIPLE STATEMENT
There can be no doubt that payment of a tribute cannot be said to be a condition precedent to the creation of a valid tenancy under customary law. Non payment of tribute is therefore not inconsistent with the creation or existence of customary tenancy as such tenancy may quite properly be established, without the payment of tribute under customary law.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Abimbola v. Abatan (2001) NLC-2061994(SC) at p. 9; Paras B–D.
"There can be no doubt that payment of a tribute cannot be said to be a condition precedent to the creation of a valid tenancy under customary law. Non payment of tribute is therefore not inconsistent with the creation or existence of customary tenancy as such tenancy may quite properly be established, without the payment of tribute under customary law."
EXPLANATION / SCOPE
Payment of tribute is not a condition precedent to the creation of a valid customary tenancy. Non-payment of tribute does not negate the existence of a tenancy. A customary tenancy may be established without tribute payment. Tribute is a recognition of the overlord’s title, but its absence does not automatically convert the tenancy into ownership. The principle prevents defendants from defeating a tenancy claim solely by showing non-payment of tribute. The court examines the totality of the relationship. Other factors—such as the nature of the grant, possession, and conduct—determine whether a tenancy exists. Non-payment may be evidence, but it is not conclusive.