LAND LAW — Conveyancing — Validity of Grant — Factors for Court to Consider When Instrument of Grant is Produced
Ratio Decidendi
Per Adekeye, JSC, in Oyeneyin & Anor v. Akinkugbe & Anor (2010) NLC-123-283-2001(SC) at p. 7, paras. C–E:
"The production of an instrument of grant of title carries with it the need for the court to inquire into a number of questions including: (a) Whether the document is genuine and valid (b) Whether it had been duly executed, stamped and registered (c) Whether the grantor had the authority and capacity to make the grant (d) Whether the grantor had in fact what he purported to grant (e) Whether it had the effect claimed by the holder of the instrument."
Explanation / Scope
This principle establishes the factors a court must consider when an instrument of grant is produced: genuineness and validity, due execution, stamping and registration, grantor’s authority and capacity, whether the grantor had what was purported to be granted, and whether the instrument has the claimed effect. The principle applies in land title disputes involving documents. It ensures that instruments are properly scrutinized. The principle reflects the requirements for valid grants. It prevents reliance on defective instruments. The court must inquire into all factors. The principle provides guidance on validating instruments of grant.