LEGAL PRINCIPLE: LAND LAW – Conveyancing – Revocation of Gift – Grounds for Revocation
PRINCIPLE STATEMENT
Had donor been able to establish fraud, mistake, misrepresentation, or perhaps total failure of the object of the gift, then upon such evidence, the gift may be revoked; as there is no such evidence, there is no merit in the appeal.
RATIO DECIDENDI (SOURCE)
"Had he been able to establish fraud, mistake, misrepresentation, or perhaps total failure of the object of the gift, then upon such evidence, the gift may be revoked. Vide Chief Johnson Imah & Anor v. Chief A. Okogbe & Ors (1993) 12 SCNJ 57; (1993) 9 NWLR (Pt. 316) 159. As there is no such evidence in the instant case, I do not find any merit in this appeal."
EXPLANATION / SCOPE
[This is a duplicate of Principle 458] Completed gifts are generally irrevocable but can be set aside for: (1) fraud—donee obtained gift through deception; (2) mistake—donor’s fundamental error about material facts; (3) misrepresentation—false statements inducing the gift; (4) total failure of gift object—purpose for which gift was made completely failed. These grounds require actual proof (not mere allegation), substantial evidence, and material defects affecting gift validity. “Total failure of object” means complete frustration of gift purpose, not partial failure or donor’s regret. Without proving these grounds, gifts remain irrevocable despite donor’s change of mind, subsequent disagreement with donee, or feeling the gift was improvident. The burden is on donor seeking revocation to establish one of these grounds, prove it with credible evidence, and demonstrate materiality. Courts won’t revoke gifts for donor’s regret, changed circumstances, or general dissatisfaction. This strict approach serves gift finality, protecting donees’ reliance, and preventing donors from undoing completed gifts without substantial justification.