LEGAL PRINCIPLE: LAND LAW – Compulsory Acquisition – Extinguishment of Title and Application of Nemo Dat Quod Non Habet
PRINCIPLE STATEMENT
Land under compulsory acquisition cannot be validly sold by its original owner. Such a sale is null and void.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Yusuf v. Oyetunde (1998) NLC-651992(SC) at pp. 13, 18; Paras B, A & C.
"He consequently declared Exhibit 4 null and void and of no legal effect whatsoever. ... [T]he land in dispute was compulsorily acquired in 1976; and so was the Court of Appeal in upholding the finding. ... land under acquisition cannot be validly sold by its original owner."
EXPLANATION / SCOPE
Compulsory acquisition extinguishes the owner’s title. The owner cannot sell the land after acquisition. The principle applies the maxim nemo dat quod non habet. Any sale is void. The rule protects the acquiring authority. The principle is well-established.