Lawbreed BlogLawbreed Blog
  • Home
  • News Update
  • Legal Updates
  • Free Legal Resources
  • Law News
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions
Facebook Twitter Instagram YouTube LinkedIn WhatsApp
Facebook Twitter Instagram YouTube LinkedIn WhatsApp
Lawbreed BlogLawbreed Blog
  • Home
  • News Update

    CJN didn’t meet Tinubu in London, allegation false — Supreme Court

    March 24, 2023

    Buhari Signs Bill Mandating Tinubu To Appoint Cabinet In 60 Days

    March 18, 2023

    Peju Ugboma: FCCPC applauds coroner’s inquest

    March 10, 2023

    Alleged Racism: FG Revokes Seplat CEO, Brown’s Visa, Residence, Work Permits

    March 10, 2023

    CBN issues operational guidelines on open banking

    March 9, 2023
  • Legal Updates

    The Implications of ChatGPT for Legal Services and Society

    March 13, 2023

    Abia Assembly Passes Bill Allowing Female Children Share in Parent’s Inheritance

    November 25, 2022

    Industrial court issues new Practice Directions on labour matters

    October 6, 2022

    Step By Step Guide on how to register a ship in Nigeria

    September 8, 2022

    Buhari Swears In Ariwoola As Acting Chief Justice Of Nigeria

    June 27, 2022
  • Free Legal Resources

    Tax Appeal Tribunal says certain costs and employee remuneration are not deductible

    February 10, 2023

    [DOWNLOAD]: Judgement Of Osun State Governorship Election Petition Tribunal Sacking Adeleke As Governor

    January 28, 2023

    DOWNLOAD: Supreme Court of Kenya Presidential Election Petition Judgment

    September 6, 2022

    Ross McKenzie Kirkpatrick v. The Queen (Download Judgment)

    August 3, 2022

    [DOWNLOAD JUDGMENT] PDP v. INEC, APC, Umahi & Kelechi Igwe

    March 11, 2022
  • Law News

    The complete list of judges nominated for the 2023 election petition Tribunals 

    March 28, 2023

    Chief Wole Olanipekun (SAN) Bows Out As The Chairman Of The Body Of Bencher 30 March 2023

    March 28, 2023

    10 years or life sentence? What the law says about Ekweremadu’s organ trafficking conviction

    March 24, 2023

    Appeal court affirms Adeleke as Osun governor

    March 24, 2023

    Hoodlums set court ablaze in Ebonyi

    March 22, 2023
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions
Lawbreed BlogLawbreed Blog
Lawbreed Blog » Is Your Deed Truly Delivered? – By Layi Babatunde, Esq.
Legal Updates

Is Your Deed Truly Delivered? – By Layi Babatunde, Esq.

Lawbreed LimitedBy Lawbreed LimitedMarch 4, 2020Updated:March 17, 2020No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

The case of Anambra State Housing Development Corporation v. J.C.O Emekwue (1996) 1 NWLR (Pt. 426)505 S.C decided by the Supreme Court on Tuesday, 16th January, 1996 brings out clearly the kind of assumptions or omissions in property transactions that may turn out to be very expensive on the long run.

The facts of the case put briefly are as follows:

The Housing Corporation, at the behest of the buyer offered to sell a purpose built house, within a housing estate at Onitsha to the buyer. The house was a 99 years leasehold interest,  offered for sale among other terms, at N40,000.00 payable in four equal monthly installment. All payments were to be liquidated within Six months of the acceptance of the offer. Or payment of 50% of the selling price, documents of title were to be prepared by the housing authority, at the cost of the buyer. The letter conveying the allocation by the Housing Authority to the buyer among other terms, stated thus:

“If after 30 days from the date of allocation, you have not paid the second installment, we will have no other alternative than to cancel your allocation and offer the … plot to other prospective purchasers on the waiting list…. The keys of the house will be handed over to you only when you have paid the full purchase price of the house.”

Indeed 50% payment was effected by the buyer and a Deed of Assignment was finally executed and Registered in favour of the buyer.

For reasons which turned out to be unacceptable to the Housing Authority, the buyer delayed in effecting the payment of balance of N20,000.00 as agreed, whereby the Housing Authority revoked its earlier allocation to the buyer, inspite of the fact that a Deed of sub-lease had been executed and Registered between the Housing Authority and the buyer. The Housing Authority also refunded the sum previously paid by the buyer.

When the buyer held on to the executed and registered deed as if the property had been vested in him by its Registration, inspite of his default in meeting the terms of the original offer, the Housing Authority went to Court to have the Registered Deed set aside.

In a nutshell, the position of the Housing Authority was that the property was never at any time formally transferred to the buyer, inspite of the execution and Registration of the Deed. That beyond the signing and sealing of the Deed of Assignment, the same was never delivered to the buyer inspite of the fact that, upon execution and sealing, it was the Housing Authority who invited the buyer to come and collect his Title Deeds.  But does the buyer collecting “his Title Deeds” amount to delivery thereof?

Both at the High Court and the Court of Appeal, it was held that the parties having duly executed a Deed of Assignment, the housing authority had divested itself of ownership rights in the property in favour of the buyer and that the property could not be re-allocated.  Any re-allocation was void. It was their considered view that the only option open to the housing authority, was to claim for the unpaid balance.

However at the Supreme Court, the default by the buyer in paying up the balance within time and his further acceptance of the refund made to him by the Housing Authority, appeared to have weighed heavily against the buyer, whereby the court came to the inevitable conclusion that the execution of the Deed of Assignment or sub-lease, is no reason for the buyer to assume that he was entitled to have the property, having failed to meet the other conditions. The Apex Court held that though the Deeds were signed and sealed, they were never delivered, and that non-delivery was due to failure of the buyer to fulfill the fundamental condition of paying the full price for the property and within the time stipulated.

The big lesson in this judgment therefore, is that anyone who goes to sleep having executed a Deed, expressed to have been “SIGNED SEALED AND DELVERED” but without fulfilling the conditions of such delivery, does so at his own peril. Such a person, will sooner or later discover, that nothing was indeed delivered by the executed Deed, its subsequent registration notwithstanding.

 

Extract taken from

HINTS ON LAND DOCUMENTATION AND LITIGATION IN NIGERIA

(Published by LAWBREED LIMITED)

First published in July, 1999

[mks_button size=”large” title=”Click Here To Get a Copy” style=”squared” url=”https://www.lawbreed.com/site/product-category/publications/land-documentation-and-litigation/” target=”_self” bg_color=”#000000″ txt_color=”#FFFFFF” icon=”” icon_type=”” nofollow=”0″]

 

 

Share this:

  • Twitter
  • Facebook

Related

Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Lawbreed Limited
  • Website
  • Facebook
  • Twitter
  • Instagram
  • LinkedIn

Publishers of Judgments of The Supreme Court of Nigeria (S.C Report) - on the Authority of the Supreme Court of Nigeria

Related Posts

The Implications of ChatGPT for Legal Services and Society

March 13, 2023

Abia Assembly Passes Bill Allowing Female Children Share in Parent’s Inheritance

November 25, 2022

Industrial court issues new Practice Directions on labour matters

October 6, 2022

Leave A Reply Cancel Reply

Like Our Page
Lawbreed Limited
DARK HEARTS by Layi Babatunde, SAN – CLICK TO BUY
DARK HEART BY LAYI BABATUNDE, SAN
Top Posts

Finance Act, 2019 – Discover The Plus And Minus Of It – Click To Download

March 4, 2020

Holding Property Jointly – By Layi Babatunde, Esq

March 4, 2020

Is Your Deed Truly Delivered? – By Layi Babatunde, Esq.

March 4, 2020

It Is Unprofessional Conduct For Counsel To Walk Out On Or From The Court

March 4, 2020
QUALITY BOOKS & LAW REPORTS BREEDS QUALITY PRACTICE
https://lawbreed.blog/wp-content/uploads/2020/10/Law-Breed_x264.mp4
Don't Miss
General Update

US Justice Dept recovers $53m laundered oil money from Aluko, Omokore

By Lawbreed LimitedMarch 29, 2023

The United States(US) Justice Department on Monday March 27, 2023 announced the final resolution of…

Share this:

  • Twitter
  • Facebook

The complete list of judges nominated for the 2023 election petition Tribunals 

March 28, 2023

Chief Wole Olanipekun (SAN) Bows Out As The Chairman Of The Body Of Bencher 30 March 2023

March 28, 2023

CJN didn’t meet Tinubu in London, allegation false — Supreme Court

March 24, 2023

10 years or life sentence? What the law says about Ekweremadu’s organ trafficking conviction

March 24, 2023
Stay In Touch
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Supreme Court Report Online (My S.C Extra)
s.c online
About Us
About Us

Lawbreed Blog is owned by Lawbreed Limited, a full fledged Law publishing and marketing Private Limited Liability Company, incorporated under the Laws of the Federal Republic of Nigeria.

Email Us: mails@lawbreed.com
Contact: +2348077011730

Facebook Twitter Instagram YouTube LinkedIn WhatsApp
Tags
2023 Election Ajetunmobi AMCON APC Bandits Bill bolt Buhari BVAS CBN Coronar Covid crime feat featured FIDA FIRS Fraud ICPC INEC Instagram kano Labour Party Momo Bank Multichoice NBA New Naira Notes NICArb NICN NJC NUC o Old Naira Notes oransaye Owo massacre PEBEC practice directions pwc SAN Shar'iah Sylvester Tax Twitter VAT voluntary association
Most Popular

Finance Act, 2019 – Discover The Plus And Minus Of It – Click To Download

March 4, 2020

Holding Property Jointly – By Layi Babatunde, Esq

March 4, 2020

Is Your Deed Truly Delivered? – By Layi Babatunde, Esq.

March 4, 2020
© 2023 Lawbreed.blog. Powered by Lawbreed Ltd.
  • Home
  • About Us
  • Contact Us
  • Privacy Policy
  • S.C Report Online
  • Our Publications
  • Lawyers Directory

Type above and press Enter to search. Press Esc to cancel.