LEGAL PRINCIPLE: CUSTOMARY LAW — Contract for Sale of Land — Writing Not Required
PRINCIPLE STATEMENT
A contract for the sale of land under customary law does not require writing as a prerequisite for a valid disposition. Payment of purchase price and delivery of possession create a valid title under native law and custom.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Gaji & Ors v. Paye (2003) NLC-4099(SC) at p. 14; Paras A–C.
"The transaction the subject matter in dispute was made under customary law, which does not require writing as a pre-requisite for a valid disposition of land. The payment of the purchase price and the delivery of possession to the plaintiff created a valid title by native law and custom."
EXPLANATION / SCOPE
Customary law land transactions are valid without writing. The principle applies to customary law. Payment and possession are sufficient. The rule recognises customary practices. The court will enforce such transactions. The principle is well-established.