CIVIL PROCEDURE ā Pleadings ā Sale of Land Under Customary Law ā Essential Ingredients
Ratio Decidendi
Per Mohammed, JSC, in Orunengimo v. Egebe (2007) NLC-123-254-2002(SC) at pp. 19ā20; Paras CāE:
"To transfer an absolute title under customary law, it ought to be pleaded and proved by evidence that the sale was concluded in the presence of witnesses and the names of those witnesses should also be pleaded as the fact that they witnessed the actual delivery or handing over of the land to the purchaser."
Explanation / Scope
Under customary law, the presence of witnesses and actual delivery of the land are essential to transfer title. The plaintiff must plead the names of these witnesses and prove the delivery in their presence. This ensures transparency and prevents fraudulent claims. Failure to plead or prove these elements renders the claim to transfer of title invalid.