LEGAL PRINCIPLE: LAND LAW — Customary Land Tenure — Transfer by Person Other Than Head or Principal Members Void Ab Initio
PRINCIPLE STATEMENT
A transfer of family land other than by the head thereof or the head and principal members of the family is absolutely void ab initio.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ejilemele v. Opara (2003) NLC-421999(SC) at p. 10; Paras A–B.
"A transfer of family land other than by the head thereof or the head and principal members of the family is absolutely void ab initio."
EXPLANATION / SCOPE
Only the head (with principal members) can alienate family land. Any transfer by a non-authorised person is void. The principle applies to customary land law. The rule protects family property. The purchaser acquires no title. The principle is well-established.