LEGAL PRINCIPLE: LAND LAW – Alienation of Family Land – Sale Without Consent of Head and Principal Members Is Void Ab Initio
PRINCIPLE STATEMENT
A sale of family land by a member of the family without the consent of the head and the principal members of the family is void ab initio.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Odukwe v. Ogunbiyi (1998) NLC-2801991(SC) at p. 7; Paras A–B.
"A sale of family land by a member of the family without the consent of the head and the principal members of the family is void ab initio."
EXPLANATION / SCOPE
Sale of family land requires consent of both head and principal members. Sale by a mere member without such consent is void from the beginning. The principle protects family property. The purchaser acquires no title. The rule applies to all family land transactions. The court will set aside such sales. The family can recover the land. The principle promotes collective decision-making. The void transaction cannot be ratified.
