LEGAL PRINCIPLE: LAND LAW — Family Land — Sale by Head of Family as His Own Property Is Void
PRINCIPLE STATEMENT
This court developed the law that the sale of family land by the head of the family as his own land is void. This principle applies where the head of family sells the family property (the Igiogbe) as his own exclusive property.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Usiobaifo v. Usiobaifo & Anor (2005) NLC-2542000(SC) at p. 16; Paras A–B.
"As it is, this court developed the law further in (4) above, that is, the sale of family land by the head of the family as his own land is void. Ekpendu v. Erika (supra) did not get to that stage or that far. It is this principle that is applicable in this case because the 1st appellant sold the family property (the Igiogbe) as his own exclusive property."
EXPLANATION / SCOPE
Sale of family land by the head of family purporting to sell as his own exclusive property is void. The principle applies to land law and customary family property. The rule protects family interests from alienation by an individual family head. Such void sales cannot pass title to the purchaser. The buyer acquires nothing. This extends beyond mere voidability to absolute voidness.
