LEGAL PRINCIPLE: CUSTOMARY LAW — Benin Customary Law — Powers of Eldest Son as Trustee — Sale of Family Land by Eldest Son Before Performance of Second Burial
PRINCIPLE STATEMENT
As a trustee, the eldest son is entitled to sell family land before the performance of second burial rites insofar as the sale is not tainted with fraud or illegality.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Abudu v. Eguakun (2003) NLC-771996(SC) at p. 3; Paras A–B.
"In 1944, some nine years after the demise of Eguakun, his eldest son, Omorodion, held the entire estate of his father in trust for himself and other children of his father, including Johnson the respondent. He sold to the appellant the land now in issue in 1944 in the presence of the respondent. As a trustee he was perfectly entitled to do so insofar as the sale is not tainted with fraud or illegality; the trial High Court so held."
EXPLANATION / SCOPE
The eldest son as trustee may sell family land before second burial rites. The sale is valid if not fraudulent. The principle applies to Benin customary law. The rule protects bona fide purchasers. The other children are bound by the sale. The principle is well-established.