A RE-EXAMINATION OF THE JURISPRUDENCE AND SALE OF FAMILY LAND IN NIGERIA

Abstract

The study, a re-examination of the jurisprudence and sale q/family land in Nigeria, focused on the concept of customary land and family ownership of land under the customary land tenure system in Nigeria. A robust introduction of the research subject was done as part of the fundamental foundation upon which the study stands. The study considered some conceptual clarifications, wherein key concepts where defined, to wit; family, land and family land respectively. In attempting to justify the discussion on the subject of research, the study analyzed the creation of family land, thus by nature, that native law and custom and by the operation of the law respectively, including by the acts of the parties. In the same vein, the management of family land was x-rayed; it was observed that the family head is the manager, director and or judge of the family land or property as the case may be. The family head, principal members of the family and other members, their various rights, including the limits of their powers were also considered. Similarly, the study expatiated on the alienation of family land. It highlighted the three possible forms of alienation of family land and their validity. That is, unilateral alienation, by the family head, by a member of the family and by family head with the consent of the principal members of the family. Lastly, the study summarized with a conclusion and some recommendations.