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Customary Lands Need No Written Agreements As Proof of Ownership

Customary Lands (Lands in Villages) Need No Written Agreements As Proof of Ownership

Customary Lands (Lands in Villages) Need No Written Agreements As Proof of Ownership.

By Onyekachi Umah, Esq. LL.M., ACIArb(UK)

(Tip 113)

 

Lands owned customarily, often in villages and rural areas in Nigeria need no written agreements. Oral agreements and presence of witnesses are enough. Writing is alien to to Customary Law in Nigeria.

The Court of Appeal in the case of KWARI v. RAGO (2000) LPELR-11976(CA)., held:

“it is not a requirement of native law and custom to be issued with a document on grant or presentation of a gift of land. The customary gift of land is an incident of native law and custom to which writing was strange. A documentary evidence in customary transaction, although desirable is not a sine qua non of a native law and custom. It is not a requirement of law nor of practice that transaction on land between two natives should be in writing. Although Section 4 of the Statute of Fraud 1677 which is now repealed requires that a transaction concerning interest in land should be evidenced by a note or memorandum in writing. On the application of Statute of Fraud to a transaction in land of a native, the full Court of Divisional Court of Nigeria refused to lay down, as a strict principle of law, that land, the property of an illiterate native, cannot be disposed of by him without compliance with the statute. See Bintu Alake and Ashafa Lawal vs. Awawu 11 NLR 39, 40 and Ashabi Oludeji vs. M.A. Okupe 15 NLR 28. If there is any woolly area in the state of the law, I think, such grey area is cleared by the provisions of Section 5 of the Law Reforms (Contracts) Act No.64 of 1961. This Section is in substitution for Section 4 of the Statute of Frauds, 1677 of the Parliament of England and that section ceased to be in force in this country except in respect of contracts made before the commencement of the Act. Sub-Section (3) thereof excludes the application of the provisions of the section to sale or other disposition of land made under customary law. Paragraph (a) of Sub-Section (3) of Section 5 reads as follows:- “(3) Nothing in this section shall (a) apply to any contract or other disposition of land made under customary law.” Per ISA AYO SALAMI ,J.C.A ( Pp. 13-14, paras. A-E )

See Section 5(3)of the Law Reforms (Contracts) Act No.64 of 1961 and Court of Appeal Judgement in KWARI v. RAGO (2000) LPELR-11976(CA).

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Picture of Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Onyekachi Umah is an exceptional Legal Practitioner, Arbitrator, Notary Public and Legal Awareness Expert with over a decade of experience in civil law, criminal law and human rights. He holds a Master of Laws; a Master of Business Administration (mini) and he is a doctoral candidate. Mr Umah is the Managing Partner of the law firm of Bezaleel Chambers International (BCI), where he consults and provides legal services to several national and international organisations, including the United Nations. Aside from his very engaging legal practice, Mr Umah runs a legal awareness organisation (Sabi Law Foundation) and he diligently publishes free daily law tips, every day on www.LearnNigerianLaws.com since 2017. He has published over 820 legal articles in diverse areas of law, delivered over 35 public lectures, anchored over 67 law radio/tv shows and supported several legal and developmental projects across Africa. Click to read more.

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