md
On The Validity Of A Deed
The Court below was correct when it held that a deed of assignment does not require attestation for its validity. In Awojugbagbe Light Industries Ltd. Vs. Chinukwe (supra) at page 408 A – B, it was held that unlike a contract which is not binding on the parties until they have exchanged their parts, a deed is binding on its maker,even though the parts have not been exchanged, so long as it has been signed, sealed and delivered. It was further held that "delivery" in connection with a deed does not mean "handed over" to the other side, but means delivered in the sense that an act is done so as to evince an intention to be bound.
ILORI & ORS V. ISHOLA & ANOR: LGC(23/3/2018)I-J