LEGAL PRINCIPLE: LAND LAW – Family Head’s Consent – Validity of Family Land Sales in the Absence of a Family Head
PRINCIPLE STATEMENT
The principle requiring a family head's consent for valid sale of family land presupposes the existence of a family head; where no head exists at the material time, a sale by principal family members acting for themselves and on behalf of others is valid.
RATIO DECIDENDI (SOURCE)
"The principle that a sale of family land without the consent of the head of the family is void presupposes the existence of a head of family. Where there is no head of family at the material time, a sale conducted by the principal members of the family, acting for themselves and on behalf of the other members, is valid."
EXPLANATION / SCOPE
This principle addresses practical realities in family land transactions under customary law. The requirement for family head consent is not absolute but contingent on actual existence of a recognized family head. In situations of interregnum, disputed succession, or where the family structure doesn’t recognize a single head, transactions cannot be perpetually suspended. Principal family members may collectively exercise the alienation powers that would otherwise vest in a family head. This ensures family land remains alienable even when traditional leadership structures are absent or in flux. The principle requires that principal members act representatively for the entire family, not merely for themselves, preserving the collective nature of family ownership while adapting to varying family organizational structures and ensuring commercial practicability.