LEGAL PRINCIPLE: FAMILY LAW – Alienation of Family Land – Sale by Principal Members Without Family Head’s Consent Is Void Ab Initio
PRINCIPLE STATEMENT
Sale of family land by the head of the family without the concurrence of principal members is voidable, but sale by principal members without the head's concurrence is void ab initio.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Babayeju v. Ashamu (1998) NLC-2611990(SC) at p. 8; Paras A–D.
"The joint effect of the two cases is that the sale of family land by the head of the family, without the concurrence of the principal members of the family is voidable whilst a sale by principal members of the family in which the head of the family does not concur is void ab initio."
EXPLANATION / SCOPE
Alienation of family land requires both the head’s and principal members’ consent. Sale by principal members alone is void from the beginning. The principle protects family property. The distinction between void and voidable is important. A void transaction cannot be ratified. The purchaser acquires no title. The rule applies to customary family land. The court will set aside such sales. The family can recover the land. The principle promotes collective decision-making. The head’s role is not absolute; principal members must concur.