LEGAL NUGGETS (19):VOID SALE OF A DISPUTED LAND .By Adedotun Habeeb Adetunji LL.M (M.IoD), FCAI.

AMUSAN & ORS v. OREBAJO & ORS (2012) LPELR-8486(CA)

ISSUE
VOID SALE OF A DISPUTED LAND : Whether a void transaction in sale of land can be set aside

PRINCIPLE
"The argument that the void sale of the disputed land must be set aside before the 2nd - 3rd appellants would be adjudged trespassers in the disputed land does not impress me: first, as rightly held by the court below, an act that is void ab initio could not have been set aside in the proceedings in question on the plank that one cannot place something on nothing; nor were the respondents parties to the document disposing of part of their family land as to vest them with the right to have the document set aside - See Animashawun v. Osuma (1972) 7 NSCC 253 at 260 thus: "The learned trial Judge was also in error in holding that instead of claiming possession of the land, the plaintiff's family should have sought a declaration that the sale is null and void and that the deed of conveyance (Ex. "G") be set aside. In the first place, when a party believes or has reasons to believe that a transaction liable to affect his rights is null and void, he is under no obligation to ask for a declaration that that transaction is null and void. Moreover, we observe, with respect that a void transaction cannot be set aside because being void ab initio there could be nothing to set aside."Per IKYEGH, J.C.A.(Pp. 25-26, paras. C-A)