Where a party to a property transaction is unlettered (illiterate), visually impaired (blind) or has a challenge (medical or other condition) that makes writing difficult, a thumb impression can be made on the property document in place of a signature.
The Nigerian Supreme Court has held that such thumb impressions are valid and constitute a signature on the document. (Note that there are other steps and/or Jurat that the legal practitioner in the transaction needs to take or do to validate the document/transaction in general).
In Agboola V State (2013) LPELR-20652 (SC), Honourable Justice Nwali Sylvester Ngwuta, JSC stated pp 43-44 Paras A-C that: “A thumb impression authenticates a document as much as a signature does. It has been stated that: “Exactly what constitutes a ‘signature’ has never been reduced to a judicial formula, but it has usually been regarded that whatever is intended as a signature is valid signing, no matter how imperfect or unfinished or fantastic or illegible or even false the separate characters or symbols used may be.” See 33 American State Papers.”
Therefore, where a party to a transaction is unable to write for one reason or the other, the transaction can still go on so long as a thumb impression can be done.
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For more information, please contact:
Ayobayo Babade Esq, ACIArb(UK), FIMC,
Tope Babade & Co (Real Estate Consultants),
Magodo Phase 2, Lagos, Nigeria.
Tel/WhatsApp: +234 813 834 4488
E- Property Catalogue: https://wa.me/c/2348138344488
Website: https://topebabadeandco.com/
Last modified: August 19, 2023
