BUYING A VAST EXPANSE OF LAND IN IBO LAND….. MY EXPERIENCE.

Writing about my experience when buying a vast expanse of land in Ibo land reminds  me of an article I once wrote (secret of making money in a vacant land http://www.ibejulekkilawyer.com/secrets-of-making-money-by-investing-in-a-vacant-land-part1/ read more…), it is undeniable that land has different meaning and uses to different people. For some, it  is a space for producing grains to feed themselves, their family and their livestock’s, for others, it is an entity that they give respect to and worship, while for most, it is a source of income and economic strength.

Land, particularly in the eastern part of Nigeria has cultural, traditional and spiritual factors attached to it, especially when it has to do with transferring of land in a large scale to strangers. This was my experience when I received an instruction from my client to facilitate the purchase of a vast expanse of land lying, being and situate at Ohii Egbelu kindred land in Agabala autonomous community now known as (TEHILLA GARDENS),Owerri, Imo state, Nigeria.

After the agent found the land, we came in to do our due diligence and confirmed that the land has all the necessary title to deal on. After then, negotiations ensued and we all arrived at a purchase price, drafted a Contract of Sale Agreement for execution by both parties and they signed all necessary documents. A part payment was also made to enable us enter the land.

PICTURES SHOWING THE EXECUTION OF THE CONTRACT OF SALE AGREEMENT OVER THE LARGE PARCEL OF LAND KNOWN AS TEHILLA GARDENS, AGBALA OWERRI.

Land in eastern Nigeria is largely communal which was not different in Imo state. And like I said earlier, land has spiritual value as it is considered by them as the home of their ancestors. According to their believe, some traditional rights must be done on the land, some protocols and instructions have to be followed before transferring a vast portion of their land to a stranger.

The Journey started with a courtesy visit to the Eze’s Palace, H.R.H EZE MALACHY O. ONU (OLELE III) of Agbala Autonomous community Owerri, Imo State; where we informed the traditional ruler our intention to bring development and upliftment to his community by setting up TEHILLA GARDEN, AGBALA with the view of providing homes for Nigerians and also create job opportunity for the youths.

PICTURES OF THE FIRST VISIT TO THE EZE.

The Eze communicated back to us with list of things to do for the traditional rite (Eze in Cabinet, NDE OHA, NDE NZE).

An agreement to perform traditional rites was executed between the accredited representatives of the kindred who sold the land and my client. Some of the covenants in the agreement include, but not limited to:

• That the family and their agent after receiving the money for the performance of the Omenala shall not demand any form of payment again in which ever disguise from the purchaser.
• That the purchaser and its successor-in-title shall be entitled to enjoy the land without let or hindrance, free from any interruption or disturbance from the family or their agents or other members of their family.
• That the family and every other person having interest in the subject matter will not disturb, obstruct, harass or demand any additional money from the purchaser before, during and after construction.
• That the family shall save harmless and keep indemnified the purchaser from and against all loses, cost, charges, claims, action proceeding damages, liabilities and expenses as a result of or any direct or indirect claim made to any development thereof, resulting from lack of title.

PICTURE SHOWING THE EXECUTION OF AGREEMENT TO PERFORM TRADITIONAL RITE WITH THE ACCREDITED REPRESENTATIVE OF THE LAND OWNERS.

The next stage was the settlement of the kindred youth which is called the Matching ground money representing developmental fee. After this, there was also an agreement made and signed by the kindred youth. Some of the covenants in the agreement include, but not limited to:

• That the youth and their agent after receiving the money which is called the Matching ground shall not demand any form of payment again in which ever disguise from the purchaser.
• The purchaser reassure the youth of employment those of them that are skilled and qualified and will also perform its social responsibility as the purchaser’s management will agree from time to time.
• That the purchaser and its successor-in-title shall be entitled to enjoy the land without let or hindrance, free from any interruption or disturbance from the youth or their agents or other members of their family.
• That the youth and every other person having interest in the subject matter will not disturb, obstruct, harass or demand any additional money from the purchaser before, during and after construction.
• That the family shall save harmless and keep indemnified the purchaser from and against all loses, cost, charges, claims, action proceeding damages, liabilities and expenses as a result of or any direct or indirect claim made to any development thereof, resulting from lack of title.

PICTURE SHOWING THE EXECUTION OF AGREEMENT TO PERFORM TRADITIONAL RITE WITH THE ACCREDITED REPRESENTATIVE OF THE KINDRED YOUTH.

The first traditional rites was the Omenala.This particular community is made up of about 14 Kindred. These kindred make up the community and own the lands therein. The particular kindred selling the land host the traditional right known as (THE OMENALA). This Omenala (traditional Rites) is a way of conciliating the hearts of the gods of the land for a full release to acquire property.The omenala rite was performed first by the presentation of a cow to the kindred, offering cola nuts, assorted drinks and wine, after which the kindred were given cash for the performance of the traditional rites.

COLLECTION OF PHOTOGRAPHS FROM THE OMENALA…

We also settled the community youth with monetary gift and the kindred women with wrappers and cash gifts.

After these stages above, the next day was to meet with the Eze’s cabinet to also inform them of our intention to bring development to their community by setting up TEHILLA GARDEN in Agbala. We presented colanuts and drinks with cash gift to declare our intention. All the Chiefs from the 14 Kindredes were present and participated fully.

After this visit was the grand finale get together which was held at the eze’s Palace. Here all the interested community members were present. At this event, there was enough food varieties and drinks for everyone.

After all these was over, the eldest member of the Eze’s cabinet accompanied with other members of the cabinet, went to the land to pray, pour libation and cola nuts on the land. The significant of this action marked the total consent and transfer of the land by the community and community head to my client.

After performing the necessary traditional rights, all the interested groups, kindred, community, the Eze and his cabinet gave their support and blessings. We were assured by the Eze and the youth that there will be no further demands or disturbance.

Different communities, traditions, and cultures have their own various ways of giving out vast expanse of land when the need arises. The case above is applicable to the eastern part of Nigeria particularly the Agbala community in Owerri North. It is important that one give proper respect and carry out all reasonable instructions or demand given by the community with due diligence when buying a vast expanse of land from a community.

Please feel free to make your comments, observations and if possible briefly state how the transfer of a vast expanse of land is done in your tradition.

Happy Christmas to you all and a prosperous New Year in advance.

Remember, Jesus Christ is the reason for the season.