PURCHASER’S INABILITY TO FULFILL PART PAYMENT WILL NULLIFY THE LAND CONTRACT

Mustapha v. Abubakar (2026) 7 NWLR (Pt. 2043) 541 at 568 — 569, D — A: ‘In the case of Florence Achonu v. Oladipo Okuwobi (2017)LPELR-42102(SC), (2017) 14 NWLR (Pt.1584) 142 this court addressed the critical issue of the purchaser’s inability to fulfil payment obligations. The court emphasized the legal implications of such a failure, exploring the responsibilities of both the buyer and the seller within the context of the transaction. The court underscored the importance of timely payment under contractual agreements and outlined the consequences that arise when a purchaser fails to meet his financial commitments as stipulated in the contract. “The law is settled that where a purchaser of land makes part payment of the purchase price, but defaults in paying the balance, there can be no valid sale even where the purchaser is in possession. Such possession is incapable of defeating the vendor’s title. See Odusoga v. Ricketts (1997) 7 NWLR (Pt. 511) 1.In the instant case, the purchaser, that is the appellant had failed to pay the balance of the purchase price at the expiration of the one week agreed upon by her and after extension of time and repeated demands for payment by the respondent. The learned Justices of the Court of Appeal were therefore justified when they quashed the trial court’s order for specific performance. This issue is accordingly resolved against the appellant and in favour of the respondent.” The law is fairly settled that a purchaser cannot make part payment and refuse to complete payment as agreed, so doing will amount to repudiation of the agreement and the vendor will be at liberty to claim damages for breach of contract, parties are bound by their agreement. Again, where the purchaser acts in breach of his agreement with the vendor, he cannot ask for specific performance’.