LAND LAW — Mortgage — Redemption — Deed of Release as Affirmative Evidence
Ratio Decidendi
Per Rhodes-Vivour, JSC [attribution to be confirmed], in Jolasun v. Bamgboye (2010) NLC-123-8-2002(SC) at p. 27, para. C – p. 28, para. A:
"A mortgagor has a legal right to redeem his property once the mortgaged debt is fully paid. When this is done the mortgagee should issue the mortgagor a Deed of release. A Deed of release is affirmative evidence that the property was redeemed. Evidence led by the objector, and accepted by the registrar that his father (the mortgagor) mortgaged No.43 Shifawu Street Surulere Lagos and that the property was redeemed in 1921 cannot be true in the absence of a Deed of Release or documentation, or evidence indicating full payment of the loan by the mortgagor."
Explanation / Scope
This principle establishes that a mortgagor has a right to redeem upon full payment, and the mortgagee should issue a Deed of Release. A Deed of Release is affirmative evidence of redemption. The principle applies where redemption is claimed. It ensures that redemption is properly documented. The principle reflects the requirement for a Deed of Release. It prevents unsubstantiated claims of redemption. The court must require documentation. The principle provides guidance on proving redemption.