Section 126 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 126 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Conveyance on sale. It provides as follows:

(1) A mortgagee exercising the power of sale conferred by this Law, shall have
power, by deed, to convey the property sold, for such estate and interest therein as
he is by this Law authorised to sell or convey or may be the subject of the mortgage,
freed from all estates, interests, and rights to which the mortgage has priority, but
subject to all estates, interests, and rights which have priority to the mortgage.

(2) Where a conveyance is made in exercise of the power of sale conferred by this
Law, or any enactment replaced by this Law, the title of the purchaser shall not be
impeachable on the ground
(a) that no case had arisen to authorise the sale; or
(b) that due notice was not given; or
(c) whether the mortgage was made before or after the commencement of this Law, that the power was otherwise improperly or irregularly exercised;

and a purchaser is not, either before or on conveyance, concerned to see or inquire
whether a case has arisen to authorise the sale, or due notice has been given, or the power is otherwise properly and regularly exercised; but any person damnified by an unauthorised, or improper, or irregular exercise of the power shall have his
remedy in damages against the person exercising the power.

(3) A conveyance on sale by a mortgagee, made after the commencement of this
Law, shall be deemed to have been made in exercise of the power of sale conferred
by this Law, unless a contrary intention appears.