Section 23 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 23 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Power to postpone sale. It provides as follows:

(1) A power to postpone sale shall, in the case of every trust for sale of land, be
implied unless a contrary intention appears.

(2) Where there is a power to postpone the sale, then (subject to any express direction to the contrary in the instrument, if any, creating the trust for sale) the trustees for sale shall not be liable in any way for postponing the sale, in the exercise of their discretion for any indefinite period; nor shall a purchaser of a legal estate be concerned in any case with any directions respecting the postponement of sale.

(3) The foregoing. provisions of this section apply whether the trust for sale is created before or after the commencement or by virtue of this Law.

(4) Where a disposition or settlement coming into operation after the
commencement of this Law contains a trust either to retain or sell land the same shall be construed as a trust to sell the land with power to postpone the sale.

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