READING TOGETHER TO MAKE A MEMORANDUM

DETAILS OF A SATISFACTORY NOTE OR MEMORANDUM FOR SALE OF LAND

I have mentioned earlier that the law requires the evidence of a transaction in a sale of land to be in a note or a memorandum. It is necessary to mention also that no special form is prescribed for the note or memorandum. However from the authority of decided cases particularly from the decision in Hamilton v. Kofi Mensah (1937) 3 WACA 224 a document that will satisfy the description of a note or memorandum within the meaning of the statutory provision must contain the following details – (1) names of the parties or enough description of the parties. (2) the ample description of the subject matter of the contract. (3) the consideration for the alleged contract; and (4) the document must contain the signature of the party to be charged or that of his agent or a representative duly authorised by him.

– Amaizu, J.C.A. Adeniran v. Olagunju (2001)

WHEN A DOCUMENT WILL SATISFY THE DESCRIPTION OF A NOTE OF MEMORANDUM

In Adeniran v. Olagunju (supra) @ p. 169, this Court per Amaizu JCA., had pronounced emphatically on what a memorandum of sale of land should contain inter alia thus: “A document that will satisfy the description of a note or memorandum within the meaning of the statutory provision must contain the following details: 1. Name of the parties or enough description of the parties; 2. The ample description of the subject matter of the contract 3. The consideration of the alleged contract and 4. The document must contain the signature of the party be charged or that of his agent or a representative duly authorized by him.”