LEGAL PRINCIPLE: LAND LAW — Competing Grants — Common Grantor — Nemo Dat Quod Non Habet
PRINCIPLE STATEMENT
After a party has effectively divested himself of his interest in land, no right vests in him to deal with such land further, for nemo dat quod non habet (no one can give what he does not have).
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Auta v. Ibe (2003) NLC-1481999(SC) at p. 18; Paras A–B.
"It is settled law and in accordance with common sense that after a party has effectively divested himself of his interest in land or other res, no right naturally vests in him to deal with such land or res any further for nemo dat quod non habet, meaning that no one can give that which he does not have."
EXPLANATION / SCOPE
A grantor cannot convey land after transferring his interest. The principle applies the maxim nemo dat quod non habet. The rule protects prior grantees. The subsequent grant is void. The court will uphold the first grant. The principle is fundamental.