L"The law is trite that the person or party who disposes of his property to a willing buyer is left with no other interest in that property as can be sold or disposed or transferred for a second time as you cannot eat your cake and have it back. See: Ohiaeri Vs. Yusuf & Ors (2009) Vol. 175 LRCN 210, 223-224, where the apex Court held:- "...the established legal principle is that where there is an agreement for sale of land either under native law and custom or any other mode of sale and for which the purchaser, acting within the terms of the agreement, makes full or part of the purchase price to the vendor and is in furtherance thereof put in possession, he has acquired an equitable interest in the property and which interest ranks as high as a legal estate and cannot therefore be overridden by a subsequent legal estate created by the same vendor or his legal representative in favour of another person." Luka Yakubu, the Pw2, having sold the disputed land to the 2nd respondent in the year, 2004 has no title over the same property to sell to the 1st appellant in the year 2007."

 

Per HUSAINI, J.C.A IN ABRAHAM & ANOR v. BAAJON & ANORCITATION: (2017) LPELR-43618(CA)