Deeds Flashcards
3, Real Property Act 1845 and Section 77 PCL 1959
Each provides that conveyance (including assignment of all lease) must be by deed.
In Re Knight (1882) 21 Ch. DP. 442 at 458 and Hand v Hall (1877) 2 Ex. D 355
It was held that a lease for less than three years with a right to renew for a further three years was only a demise with an option to renew. As such, it was required to not be under seal.
Section 83(4) Evidence Act 2011
Requires that a statement in a document shall not be deemed to have been made unless the documents was written, made, produced or signed or initiated by the person making the statement.
Sometimes, delivery takes place subject to a condition, which may be expressed or by implication and, this is known as delivery in escrow.
Dalfam (Nig.) Ltd. v. Okaku Int. Ltd. (2001) 15 NWLR (Pt. 735) 203.
See Section 96(2) Evidence Act.
A deed should be executed by the parties to it. Attestation is not essential to the due execution of a deed. However, attestation is wise as it may facilitate proof of execution should this be necessary at a later date.
See section 150 Evidence Act.
A deed executed outside the country f o r the purposes of conferring power of attorney to execute a deed should be attested by a notary public or any court, judge, magistrate, consul or representative of Nigeria.
What is a ― ̳deed Poll‘?
This is a deed which is executed by one party only, e.g. Power of Attorney.
Ex parte Davies (1886) 7 QB.D 275 at 286,
A clear recital will be referred to in interpreting the operative part of a deed where there is an ambiguity. If, however, the operative part is clear, there will be no resort to the recital.
National Bank of Nigeria Limited v Korban Brothers Nigeria Limited and Ors. (1976) 1 FNR 11,
A Power of Attorney is a formal instrument by which one person empowers or authorises another to act for him, or act in his stead for certain purposes. The person giving the power is called the donor, while the person to whom the power is given is called the donee. Only a person in law (i.e. someone who can sue and be sued) can be an attorney.
Powell v. London
The authority to the attorney must be under seal when the attorney is authorized to execute a deed.
