The applicability of customary arbitration in the resolution of sale of family property disputes in Nigeria
No Thumbnail Available
Date
2025
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Published by Department of Private Law, University of Port-Harcourt, Rivers State, Nigeria.
Abstract
Sale of family property is a recognized method by which title in land is transferred under Nigerian law. Family property refers to property owned by a family, whether small or large. It must be noted that the principles governing the sale of family property form part of native law and custom. These principles usually differ from one community to another and constitute a question of fact that must be proved based on the circumstances of each case, unless a court has taken judicial notice of them. Disputes often arise from the sale of family property which, if not properly managed, can escalate and cause unrest within the family, especially when the disputants belong to the same family or community. This paper examines the resolution of family property disputes in Nigeria through the use of customary arbitration, with a focus on the legal status of non-natives/foreigners under customary arbitration in transactions involving the sale of family property.
Description
Keywords
Customary Arbitration, Non-Natives/Foreigners, Nigeria, Family Property
Citation
Oyaleke, B. & Afolabi O.S (2025): The applicability of customary arbitration in the resolution of sale of family property disputes in Nigeria. Journal of Private Law, 10, (2), 495-532