It is the testimony of PW4 that 1st Defendant showed to
him bundle of documents including drawings for the
site and he was issued an offer letter by the 2nd
Defendant.
PW5 Professor Kolawole told the court that the 1st
Defendant offer a parcel of land for him for sale for
N14 Million Naira and that he paid same. And that the
1st Defendant through his company 2nd Defendant
issued him letter of offer vide Exhibit “C”.
The law with respect to transfer of unexpired residue in
land related transaction, is very clear.. only a person
who has been duly allocated reversionary interest i.e
right over a piece of land and or who has the legal
authority vide appointment as Attorney, can validly
transfer any such interest in such land. Where there is
no express right to transfer interest, any such alleged
transfer becomes null and avoid in view of the ageless
principle of nemo dat quod now habet which mean no
one gives out what he does not have. I rely on ALAYA
FEDERAL REPUBLIC OF NIGERIA AND KAYODE GABRIEL ADENIJI & 2ORS
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