THE RULE OF "NEMO DAT QUOD NON HABET"; INCORPORATION INTO THE SALES OF GOODS ACT OF 1893. Paper Prepared by Timilehin Joshua OJO In the general and normal course of business, it is a well stated that it is only a person who has a title to a good that can transfer such title. A contract of sale is defined as an agreement whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called price. 1 Property having being established to be "those rights which are usually total (commonly described as "ownership") and fully enforceable by the state or the owner through the Court, against others; an unfettered right to use or dispose of a thing ." 2 The only time a sale would be said to have occurred is when the property to such goods passes. 3 It is further a trite principle that in a contract of sale of goods is effected between the buyer and the owner of such goods or his authorized agent. It is however a known and consistent occurrence that some persons fraudulently attempts to sell goods of which they have no title. In the event of such, the law always becomes harsh to one party in resolution of such wrongly act; the court is often considered to be harsh towards the buyer, this is because he has bought a good from a party who have no title over such and therefore cannot transfer title. It is at such points that the principle of 'Nemo dat quod non habet' comes into play; the rule is effected to bring about fairness between the two innocent parties; that is, the rightful owner and the innocent buyer. In Adamu v. Gulak 4 the court stated, "The principle of nemo dat quod non habet means that a grantor or vendor can only convey to another what he has. Thus, a person who purports to dispose of a parcels of land, which does not belong to him, or in which he has no interest, or which is encumbered, to another will be in violation of the above stated principle and this will render the purported sale void ab initio." 1 S. 1 (1) Sales of Goods Act, 1893 2 http://www.duhaime.org/LegalDictionary/P/Property.aspx 3 S. 17 Sales of Goods Act, 1893 4 (2013) LPELR-20844(CA)