Section 24 Property and Conveyancing Law of the Western Region of Nigeria 1959

Section 24 of the Property and Conveyancing Law of the Western Region of Nigeria 1959 is about Consents to the execution of a trust for sale. It provides as follows:

(1) If the consent of more than two persons is by the disposition made requisite
to the execution of a trust for sale of land, then, in favour of a purchaser, the consent of any two of such persons to the execution of the trust or to the exercise of any statutory or other powers vested in the trustees for sale shall be deemed sufficient.

(2) Where the person whose consent to the execution of any such trust or power is expressed to be required in a disposition is not sui juris or becomes subject to
disability, his consent shall not, in favour of a purchaser, be deemed to be requisite to the execution of the trust or the exercise of the power; but the trustees shall, in any such case, obtain the separate consent of the parent or testamentary or other guardian of an infant or of the committee (if any) of a lunatic.

(3) Trustees for sale shall so far as practicable consult the persons of ‘full age for
the time being beneficially interested in possession in he rents and profits of the land until sale, and shall, so far as consistent with the general interest o the trust, give effect to the wishes of such persons, or in the case of dispute, of the majority (according to the value of their combined interests) of such persons, but a purchaser shall not be concerned to see that the provisions of this sub-section have been complied with.

In the case of a trust for sale, not being a trust for sale created by or in pursuance of the powers conferred by this or any other Law, his sub-section shall not apply unless the contrary intention appears in the disposition creating the trust.

(4) This section applies whether the trust ‘or sale is created before or after the
commencement or by virtue of this Law.