CUSTOMARY LAW — Land Tenure — Communal Ownership — Presumption Against Individual Ownership
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Olodo & Ors v. Josiah & Ors (2010) NLC-123-2-2003(SC) at p. 15; Para D:
"The notion of individual ownership is quite foreign to native ideas. Land belongs to the community, the village or the family, never to the individual."
Explanation / Scope
This principle establishes that under customary law, land belongs to the community, village, or family, not to individuals. The principle applies in customary land disputes. It ensures that communal ownership is presumed. The principle reflects the fundamental nature of customary land tenure. It prevents claims of individual ownership without proof. The court must presume communal ownership. The principle provides guidance on the nature of customary land ownership.