LEGAL PRINCIPLE: LAND LAW — Customary Land Tenure — Head of Family Cannot Transfer Family Land as Personal Property
PRINCIPLE STATEMENT
As the head of a family cannot transfer family land as his own exclusive personal property, such a transfer by him is void ab initio.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ejilemele v. Opara (2003) NLC-421999(SC) at p. 10; Paras B–C.
"As the head of a family cannot transfer family land as his own exclusive personal property, such a transfer by him is void ab initio."
EXPLANATION / SCOPE
A head of family cannot sell family land as personal property. The principle applies to customary land law. Such a transfer is void. The rule protects family property. The purchaser acquires no title. The principle is well-established.
