CONTRACT LAW — Sale of Land — Essential Ingredients for Valid Sale
Ratio Decidendi
Per Ogbuagu, JSC, in Chabasaya v. Anwasi (2010) NLC-123-238-2004(SC) at p. 23, paras. A–C:
"To constitute a valid sale of land, three essential ingredients are required, namely; 1. Payment of the purchase price. 2. Purchaser is let into possession by the vendor and 3. In the presence of witnesses."
Explanation / Scope
This principle establishes the three essential ingredients for a valid sale of land: payment of the purchase price, the purchaser being let into possession by the vendor, and the transaction occurring in the presence of witnesses. The principle applies in land sale disputes. It ensures that all elements are present for a valid sale. The principle reflects the requirements for customary land transactions. It prevents invalid sales. The court must require proof of all ingredients. The principle provides guidance on valid land sales.