LEGAL PRINCIPLE: PROPERTY LAW – Sale of Land – Nemo Dat Quod Non Habet and Failure to Pass Good Title
PRINCIPLE STATEMENT
If a seller does not have title to the property, he cannot pass any title to the buyer, under the maxim nemo dat quod non habet. A sale by a non-owner is invalid.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Haladu Dadi v. Idi Garba (1995) NLC-151989(SC) at p. 6; Paras A–B.
"The appellant tried to prove that Jibir Musa sold to him the house in dispute, but the trial area court after careful analysis of the evidence before it found that the sale had not been proved… even if the sale was proved it could not be valid because Jibir Musa did not claim to be the original owner of the house. Since Jibir Musa had no title to the house he could not pass any title to the appellant – nemo dat quod non habet."
EXPLANATION / SCOPE
The maxim nemo dat quod non habet applies to sales of land and goods. A seller can only transfer what he owns. The buyer acquires no better title than the seller. The principle applies even if the buyer acted in good faith. The true owner can recover the property from the buyer. The buyer’s remedy is against the seller for breach of warranty. The rule protects true owners from unauthorised sales. The court will declare such sales void. The principle is fundamental to property law.