LEGAL PRINCIPLE: CUSTOMARY LAW – Alienation of Family Land – Validity of Sale by Head of Family with Majority Consent
PRINCIPLE STATEMENT
A sale of family land carried out by the head of family, whether with or without some principal members, is only voidable, not void, at the instance of non-consenting principal members, provided they act timeously and are not caught by laches.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Okonkwo v. Okonkwo (1998) NLC-441992(SC) at p. 24; Paras A--C.
"A sale of family land which the head of the family carries out as such head of family, whether with or without some principal members of the family is only voidable but not void at the instance of the non-consenting principal members of the family provided such non-consenting members acted timeously and are not caught by laches."
EXPLANATION / SCOPE
Sale of family land by the head is voidable, not void. Non-consenting members must act timeously. The principle applies to customary family land. Delay may bar the claim. The rule protects purchasers. The non-consenting members may avoid the sale. The principle is well-established.