Sale of Land

From the record, Respondent established that he was put into possession of the three plots of land which he bought and has exercised acts of ownership over two of the plots by selling them. The evidence of the 1st Respondent is that he was an eye witness to the transaction. An equitable interest has therefore been created in favour of the 2nd Respondent by the Olube family. See the case of Ohiaeri v. Yussuf (2009) 37 NSCQR (page 634) at ratios 1 & 2 where the Supreme Court opined that:
The established legal principle is that where there is an agreement for sale of land either under native law and custom or any other mode of sale and for which the purchaser, acting within the terms of the agreement, makes full or part payment of the purchase price to the Vendor and is in furtherance therefore put in possession, he has acquired an equitable interest in the property and which interest ranks as high as a legal estate created by the same Vendor or his legal representative in favour of another person.

My Lords, speaking for myself, I am greatly depressed that in 2017, counsel who practise regularly in our superior Courts in Nigeria could betray their misconception of such prerequisites as the requirements for sale under Customary Law: an issue which this Court has elaborately dealt with in numerous cases. Ogunbambi v. Abowaba 13 WACA 222, 225; Cole v Folami [1956] SCNLR 180; Akingbade v. Elemosho (1964) 1 All NLR 154;Erinosho v Owokoniran (1965) NMLR 429; Ajadi v. Olarenwaju (1969) LPELR – 25566 (SC) 10 -11; Odufuye v. Fatoke (1977) 4 SC. 11; Folarin v. Durojaiye (1988) 1 NWLR (Pt. 70) 351; Igbokwe v. Nlenchi (1996) 2 NWLR (Pt. 429) 185; Odusoga and Anor v. Ricketts (1997) LPELR 2256 (SC) 16; D-G; Adedeji v. Oloso and Anor (2007) LPELR-86 (SC) 22; A-E and so on.
Be that as it may, I now take the liberty to re-state these prerequisites for a sale of land under Customary Law. These are that: in addition to the payment of the agreed consideration; the transaction must have been concluded in the presence of persons who also witnessed the actual handing over of the land sold. Cole v Folami (supra); Akingbade v. Elemosho (supra); Erinosho v. Owokoniran (supra); Ajadi v Olarenwaju(supra). There is the requirement that the names of such witnesses and the facts of their having witnessed the sale transaction and the handing over of the land to the purchaser must be pleaded and evidence adduced thereon. Folarin v. Durojaiye [1988] 1 NWLR (Pt. 70) 357; Igbokwe v. Nlemchi [1996] 2 NWLR (Pt. 429) 185;Ogunbambi v. Abowaba (supra); Odusoga and Anor v Ricketts (supra).

ATANDA V. THE HON. COMMISSIONER FOR LANDS AND HOUSING, KWARA STATE &