DEED OF MORTGAGE – WHETHER THE CONTENTS OF A DEED OF MORTGAGE CAN BE GIVEN OR MODIFIED OR CONTRADICTED OR VARIED BY ORAL OR PAROL EVIDENCE  

 

Yinka Bright
Joined: 10 months ago
Posts: 114
10/09/2019 1:27 pm  
“Now, the terms and conditions of the Deed of Legal Mortgaged executed between the Appellant and the 1st Respondent over the Appellant’s property are as stated in Exhibit D2. In law the contents of a Deed of Mortgage cannot be given or modified or contradicted or varied by oral or parol evidence as the Deed being the primary evidence would have to speak for itself once properly pleaded and tendered and received in evidence before the court below. See Etim & Ors V. Ekpe & Anor (1983) NSCC 86 @ pp. 95-96; AG Oyo State & Anor V. Fairlakes Hotels Ltd. & Anor (1989) NWLR (Pt. 121) 255.” PER B. A. GEORGEWILL, J.C.A, in

MR. G. OLAJIDE ASHCROFT Vs HERITAGE BANKING COMPANY LIMITED & ORS [2018] legalpedia CA/L/774/2007 https://legalpediaonline.com/mr-g-olajide-ashcroft-vs-heritage-banking-company-limited-ors/


Quote
Share:
Views All Time
Views All Time
279922
Views Today
Views Today
98