The News Chronicle
  • About Us
  • Advert Rates
  • Contact Us
  • Privacy Policy
Thursday, February 2, 2023
Advertisement
ADVERTISEMENT
  • News
    • Breaking
    • Business
    • Celebs
    • Sports
    • Africa
    • Technology
    • World News
  • Social Diary
    • Events
  • Columns
    • Monday
    • Tuesday
    • Wednesday
    • Thursday
    • Friday
    • Sunday
    • Opinions
    • Editorial: Our Stand
  • TNC TV
  • Interviews
  • Books
    • Reviews
    • Author Profiles
  • Entertainment
  • Gossip
No Result
View All Result
  • News
    • Breaking
    • Business
    • Celebs
    • Sports
    • Africa
    • Technology
    • World News
  • Social Diary
    • Events
  • Columns
    • Monday
    • Tuesday
    • Wednesday
    • Thursday
    • Friday
    • Sunday
    • Opinions
    • Editorial: Our Stand
  • TNC TV
  • Interviews
  • Books
    • Reviews
    • Author Profiles
  • Entertainment
  • Gossip
No Result
View All Result
The News Chronicle
No Result
View All Result
  • News
  • Social Diary
  • Columns
  • TNC TV
  • Interviews
  • Books
  • Entertainment

Path Naija News » Featured » Use of Mr and Mrs on a Legal document

Use of Mr and Mrs on a Legal document

Victor Opatola by Victor Opatola
2 months ago
in Featured, Opinions
Reading Time: 2 mins read
A A
0
ADVERTISEMENT
Share on FacebookShare on TwitterShare on Whatsapp

Opatola Victor Esq

A WhatsApp message is currently making rounds on the invalidity of any document or property bought jointly by husband and wife; a number of people have reached out to ask me of the fate of their Legal documents, agreements and properties bought jointly with their spouse as Mr and Mrs.

RelatedPosts

Raila Odinga

Musings After 48 Hours with Raila Odinga

February 2, 2023
Sit-At-Home

No Plans to Impose Sit-At-Home In Igboland During 2023 Elections- IPOB

February 2, 2023
Buhari Officer

Buhari Will See Himself As A Public Officer If Nigeria Were Not An Outlier And An Anomaly

February 2, 2023

You should know the following:

1. *Any document issued as Mr. and Mrs Opatola is never invalid.*

2. *It can never be invalid*

3. *No Court held that such document is invalid*

What the Court only said was you cannot sue as Mr. and Mrs Opatola.

For you to be able to sue, the document should be drafted as

Aleph Hospitality Continues Africa Expansion With New Upscale Hotel In Ghana
Trending
Aleph Hospitality Continues Africa Expansion With New Upscale Hotel In Ghana

1. Mr. Opatola Victor

2. Mrs Opatola Victoria; or

1. Opatola Victor and

2. Mrs Opatola Victoria; or

Mr. Opatola Victor and Mrs. Opatola Victoria

How can making an agreement or document as “Mr and Mrs Opatola’ invalidate the document or the agreement?

The issue of the validity or invalidity of the document cannot even come in issue because the issue here is that of the right party to sue and not the validity of the document.

Advertisement. Scroll to continue reading.

The question is:

Whether or not having a property registered as Mr. and Mrs. Opatola renders the purchased property invalid or renders the present or future sale of such property invalid.

It does neither of both.

Where there is a wrong, there is a remedy.

Law of equity will forbid the instrumentality of the Law to be used to perpetrate fraud.

Using Mr. and Mrs Opatola in your document means you can not sue to enforce the contract or document using the name Mr. and Mrs Opatola.

Nothwistanding that the name written on the document is Mr. and Mrs Opatola, they can sue as Mr. Victor Opatola

Mrs. Victoria Opatola.

Equity looks at the intent and not the form.

In interpreting a document the Supreme Court has always laid down the rule that the intent of such document is what the Court will look at.

The Peter Obi Factor and the 2023 General Elections
Trending
The Peter Obi Factor and the 2023 General Elections

“Where there are lapses in the preparation of a deed, the court can from the available circumstances gather what was intended in the deed. This is because equity has regard for the intent, not the form and equity regards that as done which ought to have been done. In effect, the court can regard the words which the deed is supposed to contain as having been inserted in the deed. ”

Per Nsofor in

Ejigini v. Ezenwa (part 846) P. 437, paras. D-F

Looking at the document, can it be said that both the Mr. and Mrs Opatola intended that both of them are the parties selling or buying the property jointly together?

The Court will answer in the affirmative.

Equity looks as done that which ought to be done, once the legal obligation has been fulfilled.

Equity looks to the intent, rather than to the form, and Equity imputes an intention to fulfil an obligation. Equity also concerns itself with standards of conscience, fairness and equality. It does not aid the indolent, neither will it aid the fraudulent. It protects relationships of trust and confidence, and grants to the court discretionary approach to the grant of the relief where justice demands it.

The Court of equity will not allow itself to be used as an instrument to perpetrate fraud or injustice.

Hot Gist

  • Bukayo Saka: The Rising Star at Arsenal FC
  • I am A Northern Christian: Deconstructing Dr Shehu Mahdi
  • “I was disappointed by [Wole Soyinka’s] uncharacteristic silence between 2015 and 2019” – Farooq Kperogi
  • The Story Vault. #1. Love

Continue Reading
Tags: Mr and Mrs Doc

Get real time update about this post categories directly on your device, subscribe now.

Unsubscribe
Previous Post

African leaders call for faster industrialization during African Union Summit

Next Post

Uganda: African Development Bank Group commits $301 million to renovate the country’s meter gauge railway and bolster regional trade

Victor Opatola

Victor Opatola

Related Posts

Raila Odinga

Musings After 48 Hours with Raila Odinga

February 2, 2023
Sit-At-Home

No Plans to Impose Sit-At-Home In Igboland During 2023 Elections- IPOB

February 2, 2023
Buhari Officer

Buhari Will See Himself As A Public Officer If Nigeria Were Not An Outlier And An Anomaly

February 2, 2023
Alabo (Dr) Nengi

Militarized PAP; Nengi and Suspended Students

February 2, 2023
Arm Yourselves With Your PVCs To Entrench Positive Change, CLO Chieftain To Nigerians

PVC and Holy Ghost Fire!!

February 2, 2023
Nigeria’s Development Prospects Lowered By IMF Amid Negativity And Conflict

Watch out, the Ides of 28th February!

February 2, 2023
Next Post
Uganda: African Development Bank Group commits $301 million to renovate the country’s meter gauge railway and bolster regional trade

Uganda: African Development Bank Group commits $301 million to renovate the country’s meter gauge railway and bolster regional trade

ADVERTISEMENT

What's New?

Reaching the Last Mile and Speak Up Africa launch initiative to mobilize youth leaders in support of efforts to eliminate neglected tropical diseases (NTDS) in Africa
AMA

Reaching the Last Mile and Speak Up Africa launch initiative to mobilize youth leaders in support of efforts to eliminate neglected tropical diseases (NTDS) in Africa

by
February 2, 2023
0

Youth leadership initiative will provide funding, mentorship and resources to youth-led organizations working to end NTDs in their communities Participants...

Read more
Outstanding Allowances

Outstanding Allowances: NSCDC Hierarchy Denies Plot by Personnel to Boycott 2023 Elections

February 2, 2023
Raila Odinga

Musings After 48 Hours with Raila Odinga

February 2, 2023
Prev Next
ADVERTISEMENT
ADVERTISEMENT
  • © 2022 The News Chronicle