LEGAL PRINCIPLE: LAND LAW — Customary Land Tenure — Recognition of Head of Family
PRINCIPLE STATEMENT
A person can be recognised as head of a family in three ways: (a) by operation of law; (b) by election by family members; (c) by direct appointment by the founder. A principal member is the head of each branch of the family, usually the eldest child of each wife.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ejilemele v. Opara (2003) NLC-421999(SC) at p. 18; Paras C–D.
"A person can be recognised as a head of a family by three major ways: (a) by operation of law; (b) by election by the members of the family, and (c) by direct appointment by the founder of the family. On the other hand, a principal member of a family is the head of each branch of the family. He is in most cases the eldest child of each wife."
EXPLANATION / SCOPE
Head of family is recognised by operation of law, election, or appointment. The principle applies to customary land law. Principal members head each branch. The rule clarifies family hierarchy. The court will identify the proper head. The principle is well-established.
