Custom or Customary Laws are the rules that applies to persons or things within a particular community that exist at a particular time and adhered to by its members to be binding on them.

Custom is meant to be pleaded and proved in any legal proceedings by witnesses. Note that, these customs and rules vary from one locality to another. For example, in Okhuarobo v. Aigbe (2002)FWLR, part 116, p. 869 it was stated that among the people of Bini of the Southern part of Nigeria, the method of sale of land to a person must be with the consent and active participation of their paramount ruler, the Oba of Benin. While among the people of Jarawa (Afizere) people of Central Nigeria, land could be sold without the trees or rocks on it. The ownership of the trees and fruits on the tree could be retained by the vendor, who may come onto the land and make use of the fruits found on such tree(s). Although the Vendor may decide to sell the tree separately, or else it will continue to be the property of the vendor. This principle derogates from that of the common law principle of "quicquid plantatur solo, solo cedit" (whaterever is affixed to the soil, belongs to the soil) as held by the Supreme Court in the case of Unilife Dev. Co. Ltd. v. Adeshigbin (2001)FWLR, part42, p.114.

Do note that the basic requirements for this practice is payment of the purchase price, the presence of witnesses and allowing the vendor into physical possession. Once these three elements are in place, a valid sale can be said to have taken place as noted in the case of Adesanya v. Aderonmu (2000)FWLR, part 15, p.2492.


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