LEGAL PRINCIPLE: LAND LAW — Grant of Land — Non-Derogation from Grant — Inability of Grantor to Subsequently Grant Same Land
PRINCIPLE STATEMENT
A landowner or grantor cannot derogate from his own grant; having validly granted land to one party, he cannot subsequently grant the same land to another.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adenle v. Olude (2002) NLC-1341998(SC) at p. 13; Paras D–E.
"The family having validly granted the land in dispute to the respondent could not subsequently grant the same land to the appellant. The law has long been established that a land owner or grantor cannot derogate from his own grant: see Bonne III v. Hammond (1954) 14 WACA 492 at 494."
EXPLANATION / SCOPE
The principle of non-derogation from grant prohibits a grantor from doing anything inconsistent with the grant. Once land is validly granted, the grantor retains no rights over that specific land. A subsequent grant of the same land to another is void. The principle protects the grantee’s interest. The grantor cannot defeat the grant by subsequent dealings. The rule applies to all forms of land grants, including sales, leases, and mortgages. The first valid grant takes precedence. The subsequent grantee has no legal interest. The principle is based on the maxim nemo dat quod non habet (no one gives what they do not have). The grantor cannot give what they have already given away.