Customary Land Tenure System

Question 1

Amodu Tijani v. Secretary Southern Provinces

Answer 1

The basic rule under customary law is that land belongs to the villages, communities or families with the Chief or headman of the community or family as the ‘manager’ or ‘trustee’ holding the land for the use of the whole village, community or family.

Question 2

Alli v. Ikusebiala

Answer 2

The head of a family or community is comparable to a corporation sole which never dies; the inanimate institution remains while the mortal incumbents come and go.

Question 3

Nelson v. Nelson

Answer 3

Family property can be acquired
1. By way of declaration that f an intention to create family property inter vivos.
2. By Purchase of land with family fund.