LEGAL PRINCIPLE: LAND LAW — Customary Land Tenure — Alienation by Principal Members Without Head Void Ab Initio
PRINCIPLE STATEMENT
Where principal members of a family alienate family property without the consent of the head of the family, such an alienation is void ab initio.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ejilemele v. Opara (2003) NLC-421999(SC) at p. 18; Paras D–E.
"Where the principal members of a family alienate family property without the consent of the head of the family, such an alienation is void ab initio."
EXPLANATION / SCOPE
Alienation by principal members without the head’s consent is void. The principle applies to customary land law. The rule protects the head’s authority. The transaction cannot be validated. The court will declare it void. The principle is well-established.
