CUSTOMARY LAW ā Family Land ā Sale of Family Property ā Head of Family ā Position of Mogaji
Principle Statement
For the purpose of effecting land transactions, the fact of his not being the Mogaji of the family did not disqualify him from being the head of the family. It is my view that a statement of fact honestly made by a party cannot be held to be a misrepresentation simply because it turns out not to be quite correct.
Ratio Decidendi (Source)
Per Tabai, JSC, in Teriba v. Adeyemo (2010) NLC-123-47-2003(SC) at pp. 15ā16; Paras DāA.
"For the purpose of effecting land transactions, the fact of his not being the Mogaji of the family did not disqualify him from being the head of the family. It is my view that a statement of fact honestly made by a party cannot be held to be a misrepresentation simply because it turns out not to be quite correct."
Explanation / Scope
This principle establishes that not being the Mogaji does not disqualify a person from being the head of the family for land transactions. An honest statement that turns out to be incorrect is not misrepresentation. The principle applies in customary land transactions. It ensures that honest mistakes are not treated as fraud. The principle reflects that misrepresentation requires dishonesty or negligence. It prevents parties from avoiding transactions based on honest errors. The court must determine if the statement was honestly made. The principle provides guidance on the standard for misrepresentation in customary transactions.
