LEGAL PRINCIPLE: LAND LAW — Sale of Family Property — Nemo Dat Quod Non Habet — Sale by Co-Owner Without Consent of Other Co-Owners Void
PRINCIPLE STATEMENT
A sale of family property by one co-owner without the concurrence of other co-owner members of the family is invalid and void under the principle nemo dat quod non habet.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Mohammed v. Klargester Nigeria Ltd (2002) NLC-1141995(SC) at pp. 17; Paras A–B.
"In the present case, the evidence before the court is that the sale of the property in issue was executed by the defendant as the sole beneficial owner thereof without the concurrence of the other co-owner members of the family. In such a case, the principle nemo dat quod non habet will apply and the sale would be invalid and null and void."
EXPLANATION / SCOPE
A co-owner of family property cannot sell the property without the consent of other co-owners. A purported sale by one co-owner alone is void. The purchaser acquires no title. The principle applies nemo dat quod non habet—the seller cannot give what they do not have (the entire interest). The purchaser’s remedy is against the selling co-owner for breach of warranty. The true owners can recover the property. The principle protects family property from unauthorised alienation. The court will set aside such sales. The rule applies to all forms of co-ownership, including customary family property. The purchaser must ensure all co-owners consent.