EVIDENCE LAW — Oral Agreement — Contract for Sale of Land — Statute of Frauds Requirement
Ratio Decidendi
Per Fabiyi, JSC, quoting Section 4 of the Statute of Frauds 1677, in Ibekwe v. Nwosu (2011) NLC-123-108-2006(SC) at pp. 6—7; Paras E—A:
"No action shall be brought to charge any person upon any contract of sale of lands, tenements or hereditaments or any interest concerning them, unless either the agreement or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or some other person by him lawfully authorized."
Explanation / Scope
This principle establishes that under Section 4 of the Statute of Frauds 1677, no action may be brought on a contract for the sale of land unless the agreement or a memorandum is in writing and signed by the party to be charged or their authorized agent. The principle applies to contracts for the sale of land. It ensures that such contracts are evidenced in writing. The principle reflects the requirement of written evidence. It prevents enforcement of oral land contracts. The court must require written evidence. The principle provides guidance on contracts for the sale of land.