THERE MUST BE CONSENSUS AD IDEM FOR AN AGREEMENT TO A LEASE

AN AGREEMENT FOR A LEASE MUST BE DATED

Secondly, I note that exhibit 3, is/was not dated. It is now firmly established that for an agreement of a lease to be valid, it is essential that there must be an agreement on the date of commencement of the term. In other words, both the commencement and the maximum duration of the term must either be certain or capable of being rendered certain before the lease takes effect. In the case of Marshall v. Berridge (1881) 19 Ch.D 233 at 245, Lush, L.J. stated inter alia, as follows:- “There must be a certain beginning and a certain ending, otherwise it is not a perfect lease, and a contact for a lease must, in order to satisfy the statutes of frauds, contains those elements.” In the case of Harvey v. Pratt (1965) 2 All E.R. 786 at 788 CA, Lord Denning, stated inter alia, as follows:- “It is settled beyond question that, in order for there to be a valid agreement for a lease, the essentials are that there shall be determined not only the parties, the property, the length of the term and the rent, but also the date of its commencement.”

– Ogbuagu, JSC. Brossette v. Ilemobola (2007)