PRINCIPLE STATEMENT

Only parties to a deed can apply to set it aside on the ground that it is null and void.

RATIO DECIDENDI (SOURCE)

Per Adio, JSC, in Edokpolo & Co. Ltd v. Ohenhen (1994) NLC-1741991(SC) at p. 20; Para D.
"Only parties to a deed can apply to set it aside on the ground that it is null and void."
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EXPLANATION / SCOPE

The doctrine of privity limits who may challenge deeds. Only parties to the deed (grantors, grantees, and persons in privity with them) have standing to seek its invalidation. Strangers—persons not party to the deed or in privity—cannot challenge it even if it affects their interests. “Setting aside” means declaring the deed void ab initio or voidable. This standing requirement reflects: (1) parties created the deed and should control its fate; (2) strangers lack direct interest in the deed’s validity (though they may be affected collaterally); (3) preventing endless challenges from outsiders. However, strangers may: challenge subsequent transactions based on the deed if they have standing in those transactions, or raise the deed’s invalidity defensively when sued based on it. The principle governs who may initiate actions to set aside deeds, not all situations where deed validity becomes relevant.

CASES APPLYING THIS PRINCIPLE