The Rule of Ownership and Passage of Property
This is encapsulated in the Latin maxim: Nemo dat quod non habet. This translates to mean “you can’t give what you don’t have”. Thus, S.12 SOGA provides that before ownership can be transferred, the following have to be met:
- If it is a sale, a condition that the seller has the right to sell and if it is an agreement to sell, the seller would have the right to sell at the time the property in the goods will pass 12 (1).
- There must be a warranty of quiet enjoyment and non-interference; 12 (2).
- A warranty that the goods are free from third party charges and encumbrances; 12 (3).
In the case of Akoshile vs. Ogidan 1950 19 NLR 87, the defendant Read More…