LAND LAW ā Title to Land ā Nemo Dat Quod Non Habet ā Grantor With Nothing Left Cannot Convey Title
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 ā no one can give that which he does not have.
Ratio Decidendi (Source)
Per Onu, JSC, in Ashiru v. Olukoya (2006) NLC-123-356-2001(SC) at p. 15; Paras CāD.
"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 who has already transferred his interest cannot validly convey it again. The principle applies to land law.
