UNDATED V DATED DEED

WHEN A DEED DOES TAKES EFFECT

WHY LEAVE YOUR DEED UNDATED?

Let first start by defining DELIVERY. In the case of JEGEDE V CITICON NIG LTD: Delivery is an act done to evidence an intention to be bound.

WHEN DOES A DEED TAKE EFFECT: 

An Undated Deed takes effect on the date of delivery

In ANUKU V STANDARD BANK : The court held that where a document bearing a date is proved, it is presumed to have been made on the date appearing on it. But a party may show that it was delivered or executed on a date different from that which it bears .

In AWOJUGBAGBE LIGHT IND LTD V CHINUKWE: The court held that a deed takes effect from the time of its delivery and not from the day on which it is therein stated to have been made or executed. Any other written instrument takes effect from the date of execution. Extrinsic evidence is, however, admissible to prove the date of delivery of a deed, or the execution of any other written instrument.

It is crystal clear that irrespective of the date on the deed, the deed takes effect on the date the parties agreed to perform an act to evidence an intention to be bound, in other words mere drafting a deed of assignment is proof of the parties intention to be bound.

The presence of date on a deed is a prima facie evidence of date of delivery. But the parties can rely on a different date from the one on the deed. In practice even while Mr Slyvester was teaching us drafting told us to leave it undated.

WHY LEAVE YOUR DEED UNDATED

In ANUKU V STANDARD BANK: The court further opined that in common practice among solicitors, they insert date on the deed after obtaining consent or when the document is stamped or registered.

Solicitors leave the deed undated to avoid risk of paying penalty if the deed is not stamped within 30 days.

In conclusion if it is dated before the consent there may be an assumption that everything about the transaction is completed before the consent sought. It is better to leave the space for the date vacant and to only insert the date after consent might have been granted. The absence of a date does not necessarily invalidate the deed and such deed shall become operative on the date of delivery.