DEEDS

Definition
A Deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, sealed and delivered[1]. It furnishes evidence or information about something[2]. A Deed is a major instrument used in property transactions in Nigeria: it effects the conveyance of legal interest in land.


Types
1. Deed Poll: This is one executed by one person only e.g. a Power of Attorney to execute a Deed, Deed of Gift.
2. Indenture: This is one executed by more than one person e.g. Deed of Assignment, Deed of Lease, Deed of Legal Mortgage.

What a Deed is used for
1. To effect conveyance of an interest, right or property in a real estate
2. Create an obligation binding on a person
3. Confirm some act whereby an interest or property has already passed e.g. a confirmatory deed

When is a Deed mandatory to be used in property transactions?
1. A contract lacking consideration e.g. Deed of gift
2. Transfer of legal interest in land[3]
3.  Leases exceeding 3 years
4. Where an attorney is appointed to execute a deed, the power (i.e. Power of Attorney) appointing him must be by deed[4]
5.  Vesting declarations - a recorded document by owner of property to enable an order made on the property.
6. Voluntary surrenders: a tenant voluntarily surrenders the property he has leased prior to the fulfillment of the full term and the landlord accepts the property back with the intention that the lease will be terminated
7. To rectify a Deed[5]
8. When statute requires that a Deed be made

When is a Deed not needed?
1. Wills & Assent[6]
2. Court vesting order[7]
3. Disclaimers
4. A tenancy agreement (=a lease not exceeding three years)  
5. Receipts
6. Probate or Letters of Administration
7. Transactions covered by the rule in Walsh v. Lonsdale[8] 
8. Conveyances taking effect by operation of law – especially by admission of will to probate
9. Surrender by operation of law

The Essentials of a Deed 
1. A Deed must be in writing
2. A Deed must be signed:
  • A Deed must be signed by the parties otherwise it remains a worthless document; the document would be inadmissible and the parties can’t sue on the contract covered by the Deed[9]. 
  • Signing can be a mark, symbol, thumb-print[10] 
      3. Attestation: Attestation simply means ‘witnessing or confirming the execution of the Deed by a third party’. The third party does not witness the drafting of the Will neither does he witness the negotiation; he only witnesses the signing of the Deed.
          Except in the following instances, attestation is usually not mandatory for Deeds[11]:
     a. As regards blind persons, a jurat must be included. This means two things. First, the writing must be read over, explained to him and he must have understood and consented to the contents of the Deed. Secondly, the execution of the Deed by a blind person must be attested to by either a Magistrate, Justice of Peace, Commissioner for Oaths or Notary Public.
     b. A Deed executed by an illiterate must contain a jurat. Failure to include this jurat vitiates the Deed[12]. The Deed must be attested to by a Magistrate, Justice of Peace, Notary Public or Commissioner for Oaths. However, where the Deed was prepared by a legal practitioner and was duly franked by him, the absence of a jurat will not vitiate the Deed[13].
         Please note that illiteracy is not the same thing as being uneducated. A man may be an Arabic scholar yet he may still be regarded as an illiterate as far as the Chinese or English language is concerned. Thus, where his signature is required in a document in English (which he doesn’t understand), he is deemed an illiterate[14].
     c. In the case of a company, the Deed must be executed in the presence of a Director and the Company Secretary. Also, for Incorporated Trustees, it must be executed in the presence of at least one Trustee and the Secretary[15]. 
     d. A Power of Attorney requires attestation by any independent person except if the donor is illiterate or blind. If it is a Deed executed outside the country for the purposes of conferring POA to execute a Deed, it should be attested by a notary public or any court, judge, magistrate, consul or representative of Nigeria[16]. 
          e. Wills: Attestation by two or more witnesses in the presence of the testator[17].
          As noted above, the presence of attestation does not validate a Deed rather it raises a presumption of due execution. But when some of the provisions of the Land Instrument Registration Law are read (especially S. 8), it would seem that a Deed where there is no attestation, the Deed would not be registered. As we know, where a Deed is not registered, it loses priority and it would not be allowed in evidence to prove title. But this aside, the absence of attestation does not invalidate a Deed.
        Any person can attest a Deed provided they are of legal age. But where one of the parties is an illiterate, the Deed can’t be attested by just anybody; there is a special class of persons who can attest the Deed and these persons are: a magistrate, notary public or a justice of peace.
          The witness must attest as witness, a party to the Deed cannot can't attest.
3. A Deed must be sealed:   The absence of a seal is not fatal to the validity of a Deed provided there is an intention to seal[18]. However, for a company, there must be actual sealing in the presence of a director and secretary of the company. Thus, S. 159 EA does not apply to companies. Corporations usually affix their seals in strict compliance with the formalities laid down by CAMA[19].
4. Delivery:
  •      Deed takes effect from the date of its delivery and not on the date on which it is therein stated to have been made or executed[20]. 
  •      Delivery does not necessarily mean physical handing over of the document. The fact that there was a handover does not mean that there is delivery and absence of handover does not mean that there is no delivery. Delivery means the maker of the Deed has done an act evincing an intention to be bound by the terms of the Deed[21]. Delivery is therefore an act done to evince an intention to be bound[22].
  •      Delivery could be Unconditional or Conditional (Escrow) i.e. made subject to conditions. An example is where the document states that the parties are bound by the agreement subject to the condition of vacant possession. Another example is where a Deed is executed subject to Governor’s
  •      Where delivery is in escrow, there are two things involved. First, the parties remain bound even if conditional until the expiration of the time agreed for the performance of the condition[23]. Secondly, the doctrine of relation back applies i.e. the Deed takes effect not from the date the said condition was performed but from the effective date of delivery in escrow. Once a Deed has been executed, even in escrow, it is too late for the executing party to escape from its effect, provided the other party fulfills the condition within a reasonable time, if any is not specifically provided[24]. 
  •      Where a Deed is delivered on the conditions that it becomes operative on the death of the grantor, it is not escrow but a testamentary instrument[25]. Also, a Deed which is delivered subject to a condition and subject to such a right of withdrawal is not an escrow, but merely an undelivered Deed. 
  •      The delivery of a Deed in escrow is a final delivery in the sense that it cannot be withdrawn by the grantor before the grantee has had the opportunity to fulfill the condition. The parties remain bound even if conditional until the expiration of the time agreed for the performance of the condition. 
  •      Note: A Deed is valid though it has no date or that it has a false or impossible date[26].
5. There must be an intention to be bound, that is, create legal relationship.
6. Endorsement of Governor’s Consent: This is required where the Deed makes a grant of state land[27]. Failure to make provision for this in the Deed will constitute a material omission unless there is an evidence that consent was in fact obtained[28].
7. Engrossment: This is the making of fair copies or counterparts of the original Deed. Strictly speaking, this is not essential to the validity of a Deed but it is a way of ensuring that each of the parties has a counterpart of the original.
8. Alterations and Erasures: These are presumed to have been made before execution but nevertheless to prevent any doubt arising as to their authority, it is prudent to ensure that all alternations or erasures are clearly initiated by the parties to the Deed at the time of execution.

Formal Parts and Contents of a Deed of Conveyance
1. Introduction:
       a. Commencement: Here, the nature of the transaction determines the commencement. However, where a solicitor is not sure of the nature of the estate or interest being transferred, it is advisable to use THIS CONVEYANCE since it is generic to encompass any transactions, which may not be specifically described[29].
           "THIS LEASE..., THIS MORTGAGE..., OR THIS DEED OF ASSIGNMENT..."
               b. Date: As noted above, a Deed takes effect from the date of its delivery and not on the date on which it is therein stated to have been made or executed. When drafting, it is better to leave the deed undated for three reasons. First, there is the rebuttable presumption as to the date of a document and as such, failure to include the date is not fatal[30]. Secondly, because of the time limit (30 days) prescribed for payment of stamp duties, conveyancers usually omit the date on the deed in order to avoid being in default and to avoid the penalty that follows[31]. Thirdly, the Land Instrument Registration Law provides for registration within 60 days from the date of execution. Failure to do so attracts penalty. 
         Its been held that a Deed is valid though it has no date or that it has a false or impossible date[32]
                             "Made this 5th day of March 2018"
              c. Parties:
i. The parties to a Deed must be legal persons.
ii. The parties must be described in detail; name, address and status in the contract (in bracket). Where a company is a party, the Deed would state this fact, the registration number and the registered address.The same goes for a statutory body.
The description of the parties as to status (e.g. Assignor-Assignee) depends on the nature of the transaction. The descriptive words save one the trouble of repeating the full names of the parties all through the document. However, the use of these descriptive words must be consistent, that is, a party cannot be called ‘assignor’ in one place, ‘vendor’ in another place and ‘seller’ in another place. Neither can a party be called ‘assignee’ in one place, ‘purchaser’ in another place and ‘buyer’ in another place.
iii.  In drafting, a solicitor should always indicate the status of the parties. Note also that if you use OF THE ONE PART, it goes with OF THE OTHER PART. If you use OF THE FIRST PART, it goes with OF THE SECOND PART.
THIS DEED OF LEASE[33] is made this 29th day of March 2018[34], BETWEEN MR TIMI ABAKPA of 19, Levis Road, Abuja, Nigeria (Lessor) of the first part AND ZMZ NIGERIA LIMITED, a company incorporated under the Companies & Allied Matters Act, Cap C20, LFN 2004, and having its registered office at 16, Ibafo Avenue, Ibadan, Oyo State, Nigeria (Lessee) of the second part[35].
d. Recital:
i. A recital is a formal part of a Deed or writing which explains the reasons for the transaction[36].
ii. There are two types of recital, the narrative/historical and the introductory, The former states the history, background and the manner in which the person conveying interest in land came about to be vested of the interest in the land, such as a brief trace of the root of title of a vendor[37]. The latter explains the reason for the present conveyance in the Deed. It recites the ownership of the property and the intention to transfer it. It is used to explain any special fact or peculiarity. If the present transaction is a gift or lease or mortgage it should be stated. Note that if a defect in title is mentioned in the recital, a remedy for it should also be stated.
iii. Recitals are important in Deeds or other documents for some reasons. First, the courts make use of recitals when interpreting deeds in order to clear any ambiguity in a deed or document. However, where the operative parts of the deed are clear, there will be no resort to the recital[38]. Secondly, recitals may also create estoppels in respect of statements in a deed. Parties will be estopped from showing the existence of a situation contrary to that stated in the recital, if the recital is clear and unambiguous[39].
Recital (or This Deed Recites as follows):
1.  The vendor is the holder of a certificate of occupancy No. KD/12345 over plot No. 10, Moore Street, Kaduna, issued by the Governor of Kaduna State on the 2nd January, 2001.
2.     The vendor desires to alienate the remainder of his interest in the certificate of occupancy to the purchaser for a consideration, etc.
Operative Part[40]:
Ø Testatum: A formal statement commencing the operative part.
NOW THIS DEED WITNESSES AS FOLLOWS
Ø Consideration and Receipt Clauses: The consideration clause states the amount the property is being sold/assigned/demised to a purchaser. It is on the disclosed amount that stamp duties would be paid. The receipt clause discloses the fact that the vendor has collected the money for the property.
In consideration of the sum of _________paid by the purchaser to the vendor, the receipt of which the vendor acknowledges.
Note: The receipt clause is not conclusive evidence that consideration has, in fact, been paid. Therefore, oral/extrinsic evidence is admissible to show that consideration has not been paid or fully paid.
Ø Capacity of the Assignor and the Covenants of title implied thereby:
§  The Assignor may be expressed to assign either as beneficial owner, personal representative, settlor, trustee or mortgagee. Where the vendor/assignor is expressed to have conveyed in his capacity as beneficial owner, the following covenants of title will be implied:
a.     Right to convey: that the Assignor has the right to convey the unexpired residue of his interest in the property to the purchaser/assignee
b.     Quiet enjoyment: that the Assignor grants quiet possession and enjoyment to the purchaser/assignee
c.      Freedom from encumbrances: that the property is free from encumbrances other than those disclosed to the purchaser in the contract or at the time of the contract
d.     Further assurances.
e.      The lease is valid and subsisting
f.       That the rent has been paid and all the covenants contained in the lease to be observed and performed have been observed and performed up till date[41].
§  The covenants of title in a deed are implied by into the deed by statute and the vendor/assignors capacity is what determines the type of covenants of title that will be implied.
Ø Word of Grant: There is no particular word prescribed as the word of grant to be employed depends on the nature of the transaction. The word used must be in line with the status of the parties i.e. if Assignor/Assignee is used, the word of grant should be assigns.
Ø Parcel: This clause gives a detailed description of the property which is the subject matter of the deed. The property must be sufficiently described to satisfy the requirement under the law.
Ø Habendum:
§  This a clause in a deed that defines the extent of ownership in the thing granted to be held and enjoyed by the grantee[42]. In other words, the habendum is a clause in a deed that defines the quantum or extent of interest granted to the purchaser or lessee under the deed.
§  The absence of the habendum in a Deed of Assignment doesnt affect the validity of the Deed because it will be implied that the assignor is assigning all the unexpired residue of his interest in the property to the assignee. However, as regards a Deed of Lease, there must be a habendum since the lessor retains some reversionary interest. The absence of the habendum may convert the lease to an assignment. This is because a deed of lease must specify the duration of the lease by providing for the term and commencement date and the date it ends[43].
NOW THIS DEED WITNESSES as follows[44]:
In consideration of the sum of #25, 000, 000 (Twenty five million naira) only paid by the ASSIGNEE to the ASSIGNOR[45] (the receipt of which the ASSIGNOR acknowledges)[46], the ASSIGNOR as BENEFICIAL OWNER[47] hereby ASSIGNS[48] to the ASSIGNEE ALL THAT property at 100 Queen Anne Street, Maitama, Abuja and registered as 76/76/117 at the Deeds Registry, Abuja, covered by a Certificate of Statutory Right of Occupancy No 863934 dated 12/06/2017 more particularly described in Survey Plan no 716 at AGIS and attached to the Schedule[49] To HOLD the same UNTO the ASSIGNEE for the term unexpired on the Right of Occupancy, free of all encumbrances, and subject to the provisions of the Land Use Act, Cap. L5, Laws of the Federation of Nigeria (LFN) 2004[50]
v Miscellaneous part:
Ø Covenant for Indemnity: This is an undertaking by the assignee/grantee to pay the rent and observe the covenants and conditions stated in the lease (example a Certificate of Occupancy). The covenant serves as security for reimbursement of the vendor in the event of a breach by the assignee of the conditions in the lease.
Ø Insurance Clause:
The covenant for indemnity and Insurance Clause may be drafted as follows:
The Assignee covenants with the Assignor from now on, to pay to the relevant authority all rents accruing to the title and due under the C of O for which the land is conveyed and to perform all the covenants and conditions contained to be observed and performed by the Assignor, and also to keep the vendor/assignor indemnified against all proceedings, costs, claims, and expenses on account of any omission to pay rent or to observe and perform any of the covenants and conditions
On the question whether or not the indemnity clause must be expressly provided for in the deed depends on the lex situs (the law where the property is located):
§  In states governed by PCL, by, where the conveyance is for valuable consideration, the indemnity clause is automatically implied into the deed[51]
§  In states governed by CA, the indemnity clause must be expressly provided for as it cannot be implied.
§  In states governed by RTL, by section 29 RTL, the indemnity clause is implied into the deed whether it is for valuable consideration or not.
Ø Exceptions and reservations
Ø Acknowledgement for custody and Production of Documents[52]: Ordinarily, a purchaser takes the documents of title of the property he has acquired. Where the contrary is the case (such as where the documents relate to other properties not sold to the purchaser), the Vendor makes an acknowledgement for custody (to keep safe) and for production whenever requested by the purchaser. The clause may be drafted as follows:
The vendor undertakes with the purchaser for the safe custody of the documents listed in the schedule and acknowledges his right to the production of the documents for inspection/citing, etc.
v Conclusion Part:
Ø Testimonium: This is the clause in the Deed that connects the parties to the contents and covenants in the Deed. It may be drafted thus:
IN WITNESS OF WHICH the parties have executed the deed in the manner below the day and year first above written
Ø Execution & Attestation Clauses[53]:
§  The execution clause contains the signature of the parties to the Deed. The execution clause will depend on whether the person signing is an individual or a company; is illiterate or blind; or whether it is a Power of Attorney under seal.
§  The attestation clause contains the particulars of persons who are witnesses to the Deed.
     Where it is an individual executing, it may simply be drafted as follows:
SIGNED, SEALED AND DELIVERED by the within named Assignor:
                             ……………………………………
                               Chief Mazi Obiefuna
IN THE PRESENCE OF:
Name: …………………………………………………………………………………………
Address: …………………………………………………………………………………....
Occupation: ………………………………………………………………………………..
Signature: …………………………………………………………………………………..
     Where it is Trustee executing, it may simply be drafted as follows:
THE COMMON SEAL OF THE INCORPORATED TRUSTEES OF THE ROYAL BLUE NURSERY & PRIMARY SCHOOL WAS AFFIXED TO THS DEED AND THE DEED WAS DULY DELIVERED IN THE PRESENCE OF:

_____________________                        ______________________
          TRUSTEE                                        TRUSTEE/SECRETARY
     Where it is a company executing, it may simply be drafted as follows:
THE COMMON SEAL OF NDUKWE IGOR & CO LTD (THE ASSIGNEE) WAS AFFIXED TO THS DEED AND THE DEED WAS DULY DELIVERED IN THE PRESENCE OF:

_____________________                        ______________________
     NDUKWE IGOR                                 MRS SAMSON UGONMA
        DIRECTOR                                        SECRETARY
     Where the person is illiterate or blind, the execution clause may be drafted as follows:
SIGNED, SEALED AND DELIVERED by
____________________________________________________
The foregoing having been first read and interpreted by me ____________________________ in the ___________________ language when he appeared perfectly to understand the contents before affixing his thumb-impression or mark
In the presence of/Before me:
_________________________________________
           Notary Public (or Magistrate)
     Where it is a Donor executing the deed, it may be drafted as follows:
SIGNED, SEALED AND DELIVERED by the lawful/appointed attorney of the within named Vendor by virtue of a power of attorney of _________ day of ________  2018 and registered as No _____ vol ______ of the Lands Registry in ______ State
In the presence of:
_______________________________________
                    Notary Public
v Schedule: In the body of the Deed, there are certain complex things like the survey plan which may not fit in the operative part otherwise the latter would lose its meaning. These things can be represented in the schedule but the schedule would be identified. Thus, the schedule is available where the body of the Deed may be crowded.
v Franking: This is the endorsement at the end of the deed or document which contains the name and address of the legal practitioner who prepared the deed. The absence of franking does not invalidate the deed, but franking is necessary because:
Ø Only legal practitioners can directly or indirectly, for or in expectation of a reward, fee or gain, draw or prepare any instrument. The preparation of instruments is the exclusive right of legal practitioners[54].
Ø A franked document removes and protects the document from the provision of Illiterate Protection Act/ Law. Thus, where a document is franked by a legal practitioner, there will be no need to insert a jurat and the absence of illiterate jurat will not affect the document[55].
Franked by:
EMOKINIOVO DAFE-AKPEDEYE Esq.
Compos Mentis Chambers
No 10 Adeola Close, Victoria Island
Lagos State
v Governors Consent:
I hereby consent to this transaction between the parties
Dated this …. Day of ….2014
                                                                                                   ………………….………………..
                                                                                                                       Governor Lagos State   
                      
Particulars needed from parties in respect of deed of assignment
v Particulars of the parties (names, address, status)
v Consideration paid in respect of the property
v Survey plan, local authority and town planning authority of the area.
v Description/particulars of the property (fittings & fixtures)
v Particulars of witnesses
v Dispute with third parties in respect of the land
v Covenants, completion date, nature of transaction, capacity
v Nature of assignor's title
v Legal practitioner
v The other party

Other issues:
    There’s what’s known as Alteration of a Deed and Rectification of a Deed. Alteration occurs after the Deed is executed, one of the parties decides to alter something in the Deed. Where a material part (e.g. commencement date) of a Deed altered without the consent of the other party, that alteration will render the entire Deed void. To escape the vitiation of the entire Deed, the alteration must be initialed, that is, the alteration must be with the consent (via signature) of both parties.
    Where a Deed is printed but the alteration was made with pencil, what is the effect of this alteration? The majority of judicial decisions answered the question in the negative. According to the courts, the parties are deemed to be proposing the alteration but hasn’t become an alteration.
    Can a Deed be made in pencil? The answer is YES. Where a Deed is made in pencil and an alteration is also made in pencil, it becomes a material alteration (depending on what has been altered) which has the effect of rendering the entire Deed void.
    After a Deed has been executed, there may be mistakes (e.g. as regards date). If the parties discover the mistake after execution, they may amend or rectify the particular mistake. The rectification may be done by both parties and either party provided that where the latter is the case, the party is expected to go to court and have it rectified.
    How would you couch the name of the party where the association is registered and where it is not registered? Where the association was registered, it would be in the name of the registered or incorporated trustees of the association[56].
    What is the relevance of date in a Deed and is date essential in a Deed? First, the date on a Deed is taken to be the date of execution. Secondly, for purposes of registration, date is relevant. Thirdly, for purposes of stamping, date is relevant. As regards whether date is an essential part of a Deed, please note that the absence of date on a Deed doesn’t vitiate the Deed. What is the effect where one of the parties is shown to have died before the date appearing on the Deed? For example, A Deed is dated 15th November 2016 but it turns out that the assignor was late even before that day, can the will be said to be valid? = Yes! For example, where the Deed is subject to Governor’s consent but the parties don’t want to be penalized under the stamp duties law for failing to stamp the deed within the required period, they may decide not to date the Deed. Should either of the parties die at this time, the Deed is not affected if dated after the death of the party.
    On the issue of consideration, must every Deed have consideration? = No! In a Deed of Gift for example, there’s no need for consideration. But must every Deed have receipt clause? = No! The answer flows from the fact that a Deed need not have consideration.
          A Deed was presented to you by your client titled ‘Deed of Assignment’ but the body of the Deed provides that the assignor grants to the assignee 89 years and six months out of the 90 years, what would be your reaction? If it is a Deed of Assignment, the assignor must be giving out the 90 years or he must be giving out the unexpired interest in the land.


[1] https://en.m.wikipedia.org/wiki/Deed
[2] Odger’s, D.G. Construction of Deeds and Statutes, London: Sweet & Maxwell, 1967, p. 1
[3] See S. 77 (1) Property and Conveyancing Law, S. 4 Statute of Fraud, S. 5 Law Reform (Contracts) Law 1961 all to the effect that All legal transfer of interest in land will be void unless in writing and by deed.
[4] Chime v. Chime (2001) 3 NWLR (Pt. 701) 527
[5] See S. 77 of the Property and Conveyance Law (PCL)
[6] An assent is a document prepared upon obtaining probate by personal representatives (executors) vesting title in property on the beneficiary
[7] A court order passing the legal title in lieu of a legal conveyance.
[8] (1882) 21 Ch. D
[9] See S. 83 EA 2011; FARO BOTTLING CO LTD v. OSUJI (2002) 1 NWLR (Pt. 748) 311
[10] See Ngu v. Mobil Producing Nig. Unlimited (2013) AFWLR, pt. 667, pg. 665. 
[11] However, attestation is wise as it may facilitate proof of execution should this be necessary at a later date. See S. 96 Evidence Act 2011.
[12] Ituama v Akpe-Ime (2000)
[13] See S. 4 Illiterate Protection Act (applicable in Abuja); See also the Illiterate Protection Laws of the various states.
[14] See S. 3, Illiterate Protection Act.
[15] See S. 163 EA
[16] See S. 150 EA.
[17] See S. 9 Wills Act 1837.
[18] See S. 159 EA. See also First National Securities v. Jones (1978) 2 W.L.R. 475
[19] See sections 74 & 75 CAMA. See also Containers (Nigeria) Limited v. Niglasco Limited (1979) 4/CCHCJ 290 at 315.
[20] See section 157 EA, 2011; Anuku v. Standard Bank
[21] Awojugbagbe Light Industries Ltd v. Chinukwe (1995) 4 S.C.NJ. 162 and S. 95 Evidence Act 2011.
[22] Jegede v. Citicon Nig. Ltd. (2001) 4 NWLR (Pt. 702) 112, at 139.
[23] Dalfam Nig. Ltd v. Okaku Int’l Ltd (2001) 15 NWLR Pt. 735, pg. 203.
[24] Beesely v. Hallywood Estates Limited (1961) Ch. 105
[25] See Governor v. Guardians of Foulding Hospital & Crane
[26] Jegede v. Citicon Nig. Ltd (Supra)
[27] S. 22 Land Use Act 1978; S. 10 Land Instrument Registration Law.
[28] See Adedeji v. NBN Ltd (1989) 1 NWLR (Pt. 96) 212 at 227.
[29] YY Dadem: Property Law Practice in Nigeria (Supra)
[30] S. 157 Evidence Act 2011
[31] S. 23 Stamp Duties Act
[32] See fn. 56 above
[33] Commencement
[34] Date
[35] Parties. If a statutory body, it could be drafted as: BETWEEN THE FEDERAL HOUSING AUTHORITY,  a statutory body established by the Federal Housing Authority Decree No. 40 of 1973 and having its Head Office in Festival Town, Badagry Road, Lagos.
[36] Nitel v. Rockonoh Properties Limited (1995) 2 NWLR (Pt. 378) pg. 473 at 507.
[37] Not all intermediate dealings with the property are required to be stated. It is sufficient to state the root of title and in whom the property is presently vested.           
[38] Ex parte Davies (1886)7 QB.D 275 at 286.
[39] See S. 162 Evidence Act 2011; Ayanwale v. Odusami (2012) AFWLR, Apart 610, p. 1246. Cumberland Court (Brighton) v. Taylor (1964) Ch.29
[40] This is the heart of the Deed because it is the part that contains the actual agreement between the parties.
[41] section 7(a) & (b) of CA and section 100(1)(a) &  (b) of PCL
[42] Stephen Idugboe v. Anenih (2003) ALL FWLR (PT. 149) 1418
[43] See UBA v. Tejumola & Sons; Odutola v. Papersack Nigeria Ltd (2007) ALL FWLR (Pt. 350) 1214.
[44] Testatum
[45] Consideration Clause
[46] Receipt clause
[47] Capacity of the Assignor
[48] Word of Grant
[49] Parcel
[50] Habendum
[51] S. 101 PCL and Part VII of Second Schedule to PCL
[52] See S. 89 PCL and S. 9 CA. It is important to state that miscellaneous clauses may or may not be present.
[53] The two clauses are usually drafted together.
[54] See Section 22 LPA and sections 4 & 5 of Land Instrument Preparation Law.
[55] See EYA v QUDUS (2001) 15 NWLR (PT. 737) 587; EDOKPOLOR v. OHENHEN.
[56] See Gani Fawehinmi v NBA

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