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March 12, 2018 2:41 pm
Before the document of title is admitted as sufficient proof of ownership the court must satisfy itself that:-
a) The document is genuine or valid
b) It has been duly executed, stamped and registered.
c) The grantor has authority and capacity to make the grant.
d) The grantor has in fact what he proposes to grant.
e) That the grant has the effect claimed by the holder of the instrument.
Romaine vs. Romaine (1992) 4 NWLR, pt. 238, Pg. 650 Kyari vs. Alkali (2001) FWLR, pt.60, pg. 1481 Dabo vs. Abdullahi (2005) 29 WRN, 11 (2005) 7 NWLR, pt.923, pg.181."
Per ADEKEYE, J.S.C. in FRANCIS ADESINA AYANWALE v. OLUMUYIWA OLUMIDE ODUSAMI: (2011) LPELR-SC.90/2004