Ratio Decidendi

Per Fabiyi, JSC, in Best (Nig) Ltd v. Blackwood Hodge (Nig) Ltd & Ors (2011) NLC-123-31-1999(SC) at p. 13; Paras A—B:

"A bona fide purchaser for value is one who has purchased property for valuable consideration without notice of any prior right or title which if upheld will derogate from the title which he has purported to acquire."

Explanation / Scope

This principle defines a bona fide purchaser for value as one who purchases property for valuable consideration without notice of any prior right or title that would derogate from the title acquired. The principle applies in land sale disputes. It ensures that innocent purchasers are protected. The principle reflects the doctrine of bona fide purchaser. It prevents prior interests from defeating the purchaser. The court must determine notice. The principle provides guidance on bona fide purchasers.

Cases Applying This Principle