CORAM
BRETT JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
OBEDIAH ASHAYE
APPELLANTS
MRS V.I.AKEKELE
RESPONDENTS
AREA(S) OF LAW
Land Law- sale of Land – consent of the head of family
SUMMARY OF FACTS
“The plaintiff, for himself and as a Registered Trustee of the Hope Rising Voluntary Fund Society, claims from the defendant the sum of £750 being:-
(a) For consideration which has wholly failed or (b) special damages for breach of contract or
(c) an amount received from the plaintiff on a mistake of fact or alternatively,
(d) amount fraudulently received by defendant from plaintiff by deceit.
Defendant has failed to pay in spite of repeated demand.”
HELD
The defendant did not establish her title to the plaintiff and he acted to rescind the contract as soon as he discovered this as well as discovering that she was claiming it was a contract for £3,000 rather than for £750
ISSUES
Whether the Defendant has a good title to convey the land to the plaintiff
Whether the Plaintiff can be allowed to back out of the transaction
RATIONES DECIDENDI
WHEN A PURCHASER OF LAND CAN RESCIND THE CONTRACT.
‘ A purchaser who had contracted with vendors as trustees for sale and paid a deposit could recover that deposit when upon investigation of title it appeared that the vendors had no power of sale until the death of the existing tenant for life so that notwithstanding the offer of the trustees to obtain a conveyance from the tenant for life the purchaser could not be compelled to enter into a new contract with the tenant for life.’-Per Lewis, J.S. C.
NEMO DAT QUON NON HABET
when a person sells property which he is neither able to convey himself nor has the power to compel a conveyance of it from any other person, the purchaser, as soon as he finds that to be the case, may say, ‘I will have nothing to do with it.’ The purchaser is not bound to wait to see whether the vendor can induce some third person (who has the power) to join in making a good title to the property sold be compelled to enter into a new contract with the tenant for life.-Per Lewis, J.S. C.
CASES CITED
Re Bryant and Barningham’s Contract (1890) 44 Ch.D. 218
Harold Elliott and H. Elliott (Builders), Limited v. Pierson [ 19481Ch. 452
Carlish v. Salt [1906] 1 Ch. 335
Re White and Smith’s Contract [1896] l Ch. 637
Reeve v. Berridge (1888) 20 Q.B.D.
STATUTES REFERRED TO