LAND LAW — Customary Land Transaction — Validity of Sale — Sufficiency of One Witness to Conclude Valid Sale Under Native Law and Custom
Principle Statement
In the absence of a direct pronouncement by the Supreme Court on the point therefore, I am inclined to the view of the learned trial judge that land sale transaction under native law and custom concluded in the presence of only one witness is valid.
Ratio Decidendi (Source)
Per I.T. Muhammad, JSC, in Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC) at p. 29; Paras B—C.
"In the absence of a direct pronouncement by the Supreme Court on the point therefore, I am inclined to the view of the learned trial judge that land sale transaction under native law and custom concluded in the presence of only one witness is valid."
Explanation / Scope
This principle establishes that a land sale transaction under native law and custom concluded in the presence of only one witness is valid. The principle applies where customary land transactions are in issue. It ensures that customary transactions are not invalidated by the number of witnesses. The principle reflects that no particular number of witnesses is required. It prevents technical invalidation of customary transactions. The court must determine validity based on custom. The principle provides guidance on the
