Momodu Raji V. R M. Williams And Others (1941)

LawGlobal Hub Judgment Report – West African Court of Appeal

Sale of land= conveyance made in exercise of power of sale conferred by Act of 1881.

It was held that the protection afforded to the purchaser by section 21 (2) of the Conveyancing Act of 1881 is absolute.

Appeal dismissed.

Alakija and Baptist for Appellant.

P. Oddie for 1st Respondent.

Cameron for 2nd and 3rd Respondents.

The following short judgment was delivered:—

BUTLER LLOYD, ACTING C.J., NIGERIA, BROOKE AND JEFFREYS, JJ.

We are of opinion that there is no substance in this appeal. It is abundantly clear that the conveyance sought to be set aside was made in professed exercise of the power of sale conferred by the Act of 1881 and we are not concerned with the circumstances which led up to the execution of this conveyance.

The protection afforded to the purchaser by section 21 (2) of the Act is absolute and the appeal fails and is dismissed, with toga assessed at ten guineas to first responder t and ten guineas to second and third respondents.