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HOME           7  WEST AFRICA COURT OF APPEAL

 

 

                                         LAGOS, 7TH NOVEMBER, 1941       

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

                                                                        MOMODU RAJI                                        Appellant                                                                                                   

                                                                                     v

                                           R. M. WILLIAMS AND OTHERS                         Respondent

        

pg147

 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 Court. 21 (2) of the Conveyancing Act of 1881 is absolute.

Appeal dismissed.

AJakija 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, J J .

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 faild and is dismissed, with costs assessed at ten guineas to first respondent and ten guineas to second and third respondents.


 
 
 

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