Ratio Decidendi

Per Ogbuagu, JSC, in Chabasaya v. Anwasi (2010) NLC-123-238-2004(SC) at p. 21, para. D – p. 22, para. A:

"For a contract under seal to be valid, it must be in writing and must be signed sealed and delivered. … The Agreement, is not a contract under seal simply because, none of the parties, affixed his seal to the agreement."
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Explanation / Scope

This principle establishes that a contract under seal must be in writing, signed, sealed, and delivered. The principle applies where a contract under seal is claimed. It ensures that the requirements for a sealed contract are met. The principle reflects the formalities for deeds. It prevents documents without seals from being treated as deeds. The court must require proof of sealing. The principle provides guidance on contracts under seal.

Cases Applying This Principle

Pada Chabasaya v. Joe Anwasi