CRITICAL EXAMINATION ON CONTRACT FOR THE SALE OF LAND IN NIGERIA

CRITICAL EXAMINATION ON CONTRACT FOR THE SALE OF LAND IN NIGERIA

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CHAPTER ONE

GENERAL INTRODUCTION

1.1    Introduction

A contract of sale of land is the first stage in a conveyancing

transaction by which the purchase acquires equitable interest on the

property and legal interest in acquired later at the completion stage.

Unfortunately, this important stage in conveyancing is usually ignored

by Nigerians.

The parties must have capacity; there must be an offer, an

acceptance, a consideration an intention to enter into a legally binding

relationship, in addition to the above, the special nature of the

commodity on sale makes the sale of land to be regulated very closely

by common law, the general principles of equity. Customary law, and

statutes. Conveyancing is a generic property or interest in real property

from one party to another.

Sale or contract for sale of land is a major part of property law

practice in Nigeria. In the process, interest in land is transferred from a

party to another, it is not just a mere agreement to purchase such land

or the payment of price, but a complete procedure which has to be

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followed such as, the agreement to transfer interest in land, agreement

and the payment of agreed price.

The Collens Gem English Dictionary defines contract as “The

entering into agreement formal document recording agreement or

agreement enforceable by law1”.

In Nigeria there are two clear and distinct ways in which land is

sold and title validly transferred following a sale.

(a)Through customary law or,

(b)Through received English law.

The two ways are distinct and mutually exclusive and it is important for

a party claiming title to kind to show clearly, carefully, and fully the

nature of the sale transaction in order to establish the applicable law to

the transaction2    While a valid sale of land under customary law does not require a conveyance as

obtained under English law,3 a valid transfer or sale under English law requires payment of the money or

consideration, acknowledgement of the money or consideration, acknowledgement of receipt of purchase

money and execution of deed of conveyance in favour of the purchaser 4

Applicable Law

1 Black, H.C., Black’s Law Dictionary (6th Ed.) St. Paulminn: Wesr Publishing Co., 1990 2 Onafowokan v. Shopitan (2009) All FWLR pt 450 p. 685 p.703

3 See Elema v. Akenzua (2000) 6 SCNJ 226 at p. 237 4 Onafowokan v. Shopitan supra

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The principal statute on the formation of contract of sale of land is


You either get what you want or your money back. T&C Apply





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