LEGAL PRINCIPLE: LAND LAW — Contract for Sale of Land — Void Contract — Where Vendor Sells What He Does Not Own
PRINCIPLE STATEMENT
A contract for the sale of land by a vendor who does not own the land is void ab initio; the purchaser acquires no legal or equitable interest in the property.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Mohammed v. Klargester Nigeria Ltd (2002) NLC-1141995(SC) at pp. 13; Paras A–B.
"The purported contract was void ab initio. The plaintiff did not acquire even an equitable interest in the property and exhibit '2' is ineffectual to convey the legal estate in the property to him in the absence of ratification of the contract by the family."
EXPLANATION / SCOPE
A vendor who does not own the property cannot pass any title to the purchaser. The contract is void from the beginning. The purchaser acquires neither legal nor equitable interest. The principle applies the maxim nemo dat quod non habet (no one gives what they do not have). The contract cannot be enforced against the true owner. The purchaser’s remedy, if any, is against the vendor for breach of warranty of title. The principle protects true owners from unauthorised sales. The court will not order specific performance of a void contract. The purchaser cannot claim damages based on the value of the property. The rule is fundamental to property law.