LEGAL PRINCIPLE: LAND LAW — Leasehold Interest — Deed of Assignment — Cancellation by Non-Party
PRINCIPLE STATEMENT
Only a party to a contract can sue for its cancellation. A non-party to a contract cannot ask for its cancellation or abrogation.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Nangibo v. Okafor & Ors (2003) NLC-1391999(SC) at p. 17; Paras C–D.
"One cardinal principle of the law of contract is that it is only a party to a contract that can sue for cancellation of it for one cause or the other... A non party to a contract cannot ask for its cancellation or abrogation."
EXPLANATION / SCOPE
Privity of contract limits cancellation rights to parties. The principle applies to contract law. A non-party lacks standing to seek cancellation. The rule protects contractual rights. The court will dismiss claims by non-parties. The principle is fundamental.
