LEGAL PRINCIPLE: LAND LAW — Customary Land Tenure — Alienation of Family Land Requires Consent of Head and Principal Members
PRINCIPLE STATEMENT
A valid allocation of family land requires the grant to be made by the head of the family with the principal members concurring. If made by the head alone, the transfer is prima facie voidable, not void, and non-consenting members must act timeously.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ejilemele v. Opara (2003) NLC-421999(SC) at pp. 9–10; Paras D–A.
"A valid allocation of family land requires the grant or transfer to be made by the head of the family with the principal members concurring therein. Where, however, the transfer is made by the head of the family alone acting for and on behalf of the family, such a transfer is only prima facie voidable and not void and the family may set aside such disposition of their land if the non-consenting members act timeously."
EXPLANATION / SCOPE
Valid alienation requires head and principal members’ consent. Transfer by head alone is voidable, not void. The principle applies to customary land law. Non-consenting members must act promptly. The rule protects family interests. The principle is well-established.
