DRAFTING A DEED

BY
AMOS ISAJINI
WHY SHOULD I LEARN HOW TO DRAFT A DEED AS A LAW STUDENT?
Firstly, as a student of Conveyancing, drafting a deed is one of the most interesting and easiest
question to “ättack” in the examination. The reason is this:
1. Everything (drafting instructions) the student needs to complete the draft is contained in
the question. So basically, what the examiner is asking you is to simply arrange the
question in a proper form as a legal document.
2. A student who drafts in the exam is like a student who answers a calculation question. If
the answer is 25 and you arrive at 25, no magic can deprive you of your FULL score.
Compare this with a student who answers an essay question on Conveyancing. Even if
Professor Uche Jack Osimiri sits for a Conveyancing exam, no examiner will give him
171/2. He must at least miss a mark or two. But he would hardly miss any marks if he
were to draft.
Secondly, drafting a deed is essential to the ordinary course of business of a lawyer. As a student,
you will draft in final year, Law school and as a lawyer till death do you part. Now drafting here
is not limited to just conveyancing. You will draft contractual agreements, policies and bye-laws
for organizations. Thus, you can’t escape drafting simply put.
Fortunately, it is as easy as your legal method (to you as a final student). No one, including
Professor Uche Jack Osimiri was born with the knowledge of drafting. Thank God I learnt how
to draft. Today, with my knowledge of drafting, I am very efficient in place of internship as an
intern. I draft agreements between Companies based on my principal’s instruction. I didn’t have
to learn how to draft contractual agreements. I simply applied my knowledge of Conveyancing
and it’s been a smooth sail.
DON’T ALLOW THE LENTH OF THE QUESTION TO SCARE YOU. IT IS AS EASY
AS ABC AND AS SWEET AS SHAWAMA. THINK ABOUT IT!
WHAT THEN IS A DEED?
In very simple terms, a deed is a written document which must be executed, that is, SIGNED,
SEALED AND DELIVERED. In a more elaborate terms, Agbaje J. in the case of Attorney
General v Ogundana defined a deed as “an instrument written on parchment paper expressing
intention or consent of persons … to make, confirm or consent in the assurance of interest in
property or some equitable right, title or claim or to undertake or enter into some obligation,
duty or agreement enforceable at law or in equity or to do or concur in some other act affecting
the legal relation or position of the parties… with the seal of the parties expressing such

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intention or consent and delivered as the parties act and deed to the persons intended to be
affected thereby”.
TYPES OF A DEED
Types of Deed includes: deed of conveyance, deed of assignment, deed of lease, deed of gift,
deed of release, Power of Attorney, deed of mortgage, deed of transfer, etc.
Our focus will be on deed of Conveyance and deed of Assignment. PLEASE NOTE that the
format for drafting any deed is basically the same. If you know how to draft a deed of
Conveyance, very well, then drafting any type of deed and indeed any agreement becomes a
doddle. It just like someone who knows how to drive a car. His/her knowledge of how a car is
driven can be applied to the driving a heavy duty vehicle. He only needs to understand how such
vehicle works.
HOW DO I KNOW IF A QUESTION REQUIRES ME TO DRAFT A DEED OF
CONVEYANCE OF A DEED OF ASSIGNMENT?
A deed of Conveyance is drafted when a land is not registered while a deed of Assignment is
drafted when the land is registered. A deed of assignment is drafted in the case of a registered
land because under the Land Use Act of 1978, the Governor or a Local Governor Council grants
a Right of Occupancy (Statutory or Customary Right of Occupancy for State and Local
Government respectively) which is usually for a period of 99years.
Thus, if Ken Saro has a right of Occupancy over No. 1 Ust Close and he wishes to sell to Destiny
Dike, he merely needs to assign the unexpired residue term over No. 1 Ust Close. By this we
mean, if he has used or enjoyed No. 1 Ust Close for up to 30 years, he is left with 69 years out of
the 99 years granted to him by the Governor. He will therefore ASSIGN and not CONVEY what
is left (69 years) to Destiny. SHIKINA!
Your task therefore is to look at the question critically. For instance, in QUESTION 6 (b) of
2019/2020, we were told that Chief Emmanuel and the principal members of the family are the
respective co-owners by virtue of inheritance, of 30,500 hectares of land covered by survey plan
No. SEN/RV/1158/2014 dated 22 January 2014 prepared by Samuel Emmanuel Anitor
Licensed/Registered Surveyor of 888 Mgbuesilaru Road Port Harcourt. The question did not tell
us that the land was registered. PLEASE NOTE that the fact that it is covered by a Survey plan
does not make it a registered land. QUESTION 6 (b) (i) says based on the facts above facts, as
a draftsperson, please prepare the necessary paper. A smart student already knows the
paper/deed required by the examiner.
Now consider QUESTION 6 (b) (ii) which reads thus: based on the above facts, will your
answer be different if the Chairman of Etche Local Government Council had on 30 th of May
2017 issued a Customary Right of Occupancy No/Emolga/RV/000887766 in the name of the
family of Elioma Family Rundele Community in Risimini Clan Emuoha Local Government Area.

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Did the question mention the word registered? No! However, the fact that it is covered by a
Customary Right of Occupancy tells you that the land is registered. I guess you already know the
necessary paper to be drafted.
PARTIES TO AN ASSIGNMENT AND CONVEYANCE
Whether it is an assignment or a conveyancing, one party is the seller while the other is the
buyer. In the case of a Conveyancing, the seller is known as the VENDOR while the buyer is
known as the PURCHASER. On the other hand, in an Assignment, the seller is the ASSIGNOR
while the buyer is the ASSIGNEE.
Thus, in drafting a deed of Conveyance, if Preye is the seller, you must consistently refer to her
as the Vendor and John as the Purchaser. Where it is an assignment, you must consistently refer
to her as the Assignor and to John as the Assignee.
PARTS OF A DEED
Here, we shall not only x-ray the various parts of a deed but we shall also attempt an explanation
of the legal implication of the different parts of it. To make this as practical and easy as possible,
we shall use QUESTION 6 (a) and (b) of 2019/2020 SESSION in demonstrating the parts of a
deed.
The parts of a deed are divided into four namely:
1. Introductory part
2. Operative part
3. Miscellaneous part, and
4. Concluding part.
INTRODUCTORY PARTS OF A DEED
They are:
a. Commencement clause
b. Date clause
c. Parties clause
d. Recital clause

OPERATIVE PARTS OF A DEED

They are:
a. Testatum clause
b. Consideration clause
c. Receipt clause
d. Covenant or title Clause

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 e. Words of grant
f. Parcel Clause
g. Habendum.

MISCELLANEOUS PARTS OF A DEED

They are:
a. Indemnity clause
b. Irrevocability clause
c. Safe Custody/Production clause

CONCLUDING PARTS OF A DEED

They are:
a. Testimonium clause
b. Attestation clause
c. Execution clause
d. Franking.
Having broken the various parts of a deed, we shall do two things from here:
1. We shall demonstrate using the past question above how the above parts of a deed are
drafted.
2. We shall state the legal effect of the various parts of the deed. See for instance
QUESTION 6 (a) of 2019/2020 SESSION and other similar questions from other years.
INTRODUCTORY PART
1. COMMENCEMENT CLAUSE: The commencement clause shows us the type of deed
that is being drafted. It is a prima facie evidence of the type of deed instrument binding
parties.
The legal effect of the commencement clause is that it guides the court when the
interpretation of a deed is in issue. See Section 3 of the Interpretation Act of 1964.
A commencement clause in a deed reads thus: THIS DEED OF CONVEYANCE; THIS
DEED OF ASSIGNEMNT; THIS DEED OF GIFT; THIS DEED OF MORTGAGE etc.
Thus, in our sample question, the commencement clause will read thus:
THIS DEED OF CONVEYANCE…
2. DATE CLAUSE: The date clause is a CONTINUATION of the commencement clause
and so is usually on the same line or forms one sentence with the commencement clause.

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The legal effect of the date clause is that:
a. It helps to determine priority where there are competing interest in a subject matter. If
Jane’s deed carries 15th of January, 2022 while Ken’s deed carries 20th January, 2022 over
No. 1 UST Close, following the doctrine of priority of interest, Jane’s interest will take
priority.
b. A deed requires stamp duty which must be within 30 days as required by law. Thirty days
will begin to run from the date specified in the date clause.
The date clause reads thus: … is made this day 24th July, 2022.
3. PARTIES CLAUSE: In drafting the parties’ clause, the following must be present: the
FULL names of the parties, their address (including Local Government Areas and State),
their positions (whether as Vendor/Assignor or as Purchaser/Assignee), a statement
binding their successors, assigns and privies to the transaction. In the case of a Corporate
person, the full name, registered office, the type of Company (whether public ltd or
private or unlimited) must be stated including the registration numbers.
NOTE: For the first party, the draft will end with the phrase “ÖF THE ONE PART” while
for the second party, it will end with the phrase “OF THE OTHER PART”.
Now using the question of reference, the parties’ clause will read thus:
BETWEEN
CHIEF EMMANUEL CHIJINDU ANYANWU (FAMILY HEAD), CHIEF LINUS
ONYEKOZU NWAUZI ANYANWU (PRINCIPAL MEMBER) AND ELDER FELIX
CHINYERE ANYANWU (PRINCIPAL MEMBER) acting for and on behalf of IWEZO
FAMILY of Ikwerrengwo village in Etche Local Government Area of Rivers State, Nigeria
(hereinafter referred to as the VENDORS and which expression shall wherein the context so
admits, include their Heirs, Assigns, Executors and Administrators in title) of the ONE
PART.
AND
LULU-BRIGGS OIL PROSPECTING & REFINING COMPANY (NIGERIA) PLC of
plot 333 Trans Etche – Omuma Industrial Layout, Okehi Town, in Ahoada East Local
Government Area of Rivers State, Nigeria (hereinafter referred to as the PURCHASER and
which expression shall wherein the context so admits, include their Assigns, Executors and
Administrators in title) of the OTHER PART.
The above is the parties’ clause of a deed. So if it were an assignment, the word ASSIGNOR
will replace the word VENDOR, while the word ASSIGNEE will replace the word
PURCHASER. It is that simple. Everything we have here is already in the question. Your
task is to fix them in their proper place. WE MOVE!!!

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 4. RECITAL CLAUSE: The recital is divided into:
a. Narrative recital: This shows the vendor’s or assignor’s root of title. In other words,
the narrative recital shows how the vendor or assignor acquired ownership of the
land. E.g by purchase, by inheritance, by Will, first original settlement etc.
b. Introductory recital: This shows the intentions of the parties (assignor/vendor and
assignee/purchaser) and the reason they have agreed to alter their legal position in
respect of the transfer of interest in the subject matter.
Legal Implications of a Recital
1. It shows the vendor’s or assignor’s root of title.
2. It constitutes evidence of truth under Section 162 of the Evidence Act 2011.
3. It operates as estoppel against the vendor under Section 169 of the Evidence Act 2011.
Thus, where Ken states as a vendor in the narrative recital that the land in question was
inherited by him from his father through devolution under Native Law and Custom, he
cannot turn around to say in a subsequent case that he bought the land from David
Cookey.
4. It helps to clear ambiguity in case of dispute.
A recital is usually introduced with the word “WHEREAS”. Using our sample question, the
recital will read thus:
WHEREAS:
1. The Vendors are the Estate co-owners for their sole benefit of the parcel of land which
was acquired through inheritance, measuring 30,500 hectares and is situated in
Ikwerrengwo village in Etche Local Government Area of Rivers State. The land is
covered by and fully described in survey plan No. SEN/RV/1158/2014 dated 22 January
2014 prepared by Samuel Emmanuel Anitor Licensed/Registered Surveyor of 888
Mgbuesilaru Road Port Harcourt. – NARRATIVE RECITAL.
2. The Vendors have agreed to sell and the Purchaser has agreed to buy in consideration of
#900,000,000.00 (nine hundred million naira) as purchase price, provision of 50
scholarships to indigenes of Ikwerrengwo to study in universities in Nigeria and overseas
yearly, electricity for the five (5) Towns of Ikwerrengwo Community, roads, water and
modern amenities. The Purchaser is to pay annual homage to Ikwerrengwo Paramount
Ruler and all members of Cabinet Chiefs. The Purchaser has already paid the sum of
#15,000,000.00 for bush entry, 10 goats, and traditional Kola nuts, cartons of beer, malt
drinks and crates of Coca – Cola in performance of all customary rites and also agreed to
award yearly contracts to Ayanwu family. --- INTRODUCTORY RECITAL.
3. The parties have agreed that this Deed may form the basis for an application by the
Purchaser to the Governor of Rivers State or his delegate in that behalf for the issuance to

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 her of a Certificate of Occupancy in respect of the parcel of land, the subject of this
agreement, or any other benefits accruable to her by virtue of the provisions of the Land
Use Act 2004.
Though the recital appears lengthy, you will agree that everything contained above were lifted
from the question. WE MOVE!!!

OPERATIVE PART OF A DEED

1. TESTATUM CLAUSE: The testatum introduces the heart of the draft. This comes
immediately after the recital. The testatum reads thus:
NOW THIS DEED WITNESSES AS FOLLOWS:
2. CONSIDERATION CLAUSE: The consideration here refers to the amount of money
the Purchaser/Assignee paid for the interest transferred to him by the Vendor/Assignor.
The consideration begins or is introduced with the preposition “IN” and must be in
capital letters.
Thus, the consideration clause of our sample question will read thus:
IN consideration of the sum of #900,000,000.00 (nine hundred million naira) paid by the
Purchaser to the Vendors….. – CONSIDERATION CLAUSE.
3. RECEIPT CLAUSE: The receipt is an acknowledgment by the Vendor/Assignor of
actually receiving the consideration which is #900,000,000.00 (nine hundred million
naira) in the instant case.
Legal implications of the Receipt Clause in a Deed
a. It shows that the transaction was not in bounty; a gift. In other words, that money was
paid and not free.
b. That a separate receipt will not be issued by the Vendor/Assignor to the
Purchaser/Assignee.
c. As provided under Sections 55 – 58 of the Conveyancing Act of 1881 and Sections
93 to 95 of the Property Law and Conveyancing Law of 1959, money will be
received by the draftsman, solicitor or lawyer on behalf of the Vendor/Assignor.
The receipt clause of our sample question will read thus:
… (the RECEIPT whereof the Vendors hereby acknowledges). SHIKINA!!!
4. COVENANT/TITLE CLAUSE: The covenant or title clause shows that the
Vendor/Assignor has good title to the property he seeks to transfer. Of course the law is

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 nemo that quod non habet. A Vendor/Assignor who sells without good title cannot give
what he/she does not have.
The covenant title is usually the same and comes immediately after the receipt clause. It reads
thus:
… as BENEFICIAL OWNER --- as simple as ABC.
5. WORDS OF GRANT: This refers to the specific words that shows the transfer. The
words of grant vary with the type of deed. In an assignment, words of grant will read: do
hereby assign; in a conveyance, words of grant will read: do hereby convey; in a
mortgage, words of grant will read: do hereby mortgage; in a deed of gift, words of grant
will read: do hereby gift etc.
Thus, since we are drafting a Deed of Conveyance, our words of grant will read thus:
… do hereby convey or grant… (Plenty talk no dey for evening Mass).
6. PARCEL CLAUSE: Parcel clause describes with certainty, elaborately and with clarity,
the specific land that is being conveyed or assigned. A vague description may occasion
ambiguity. A draftsman must describe the land as clearly as possible. It continues
immediately after the words of grant.
A parcel clause must be introduced with this phrase in capital letters: “ALL THAT”.
Our parcel clause will therefore read thus:
… ALL THAT 30,500 hectares of Land, situated in Ikwerrengwo village in Etche Local
Government Area of Rivers State and which Land is particularly described in survey plan No.
SEN/RV/1158/2014 dated 22 January 2014 prepared by Samuel Emmanuel Anitor
Licensed/Registered Surveyor of 888 Mgbuesilaru Road Port Harcourt…
NOTE how we carefully and elaborately described the land. Thus, no one will have any
difficulty in identifying the Land conveyed to the Purchaser/Assignee.
7. HABENDUM CLAUSE: The habendum shows the quantum of interest transferred by
the Vendor/Assignor to the Purchaser/Assignee.
The habendum begins with this phrase in capital letters: “TO HOLD UNTO” and comes
immediately after the Parcel Clause
a. In an ASSIGNMENT, the habendum will be expressed thus: TO HOLD UNTO the
unexpired residue term in the Statutory or Customary Right of Occupancy subject to
the Land Use Act 2004.
b. In a CONVEYANCE, the habendum will read thus: TO HOLD UNTO the deemed
right of occupancy under the Land Use Act 2004.

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Thu, using our sample question, the habendum will read thus:
… TO HOLD UNTO the deemed right of occupancy under the Land Use Act 2004.
This brings us to the end of the Operative part of our Deed of Conveyance. See how easy it
is?

MISCALLENEOUS PARTS OF A DEED

This part is not usually common in practical drafts. So let’s
CONLUDING PARTS OF A DEED
1. TESTIMONIUM: It introduces the formal execution of the contract. This shows the
assent of the parties to their intentions as expressed in the deed. It shows consensus ad
idem.
NOTE: The testimonium begins as a different paragraph and not as a continuation of the
habendum. ALSO it begins with the phrase IN WITNESS WHEREOF…
Thus, the testimonium of our sample draft from our question will be expressed thus:
IN WITNESS WHEREOF the parties set theirs and seal the day and year first above written.
2. ATTESTATION CLAUSE: The attestation clause is expressed thus: SIGNED,
SEALED AND DELIVERED (must be in capital letter) by the within named
Vendor/Assignor. After this, a provision must be made by the side for the Vendor to
signed.

a. PLEASE NOTE: That attestation clause will be provided for both parties using the same
format only that the names (vendor/purchaser or assignor/assignee) will be changed. It
will be introduced with the heading: FOR THE VENDOR or FOR THE
PURCHASER.

b. PLEASE NOTE ALSO that when it has to do with a corporate person, this format will
be used: The Common Seal of XYZ Ltd is hereby affixed to this deed and duly
delivered in the presence of ….. manager (signature and name) and secretary
(signature and name).

c. In the case of a BLIND OR ILLITERATE PERSON, the Law requires that the Deed
must have been read to their understanding after which they will affix their thumbprint.
Thus, attestation will be expressed thus: The foregoing has been read and interpreted
to John Ojo (Vendor/Purchaser) by Martins Hassan (interpreter) in Ikwerre

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 language and having understood the contents thereof, he hereby affixes his
thumbprint _____________________________
(VENDOR AND NAME)
3. EXECUTION CLAUSE: The execution clause shows the witnesses who witnessed the
transaction between the parties, their full names, address and occupation and signature.
The execution clause, just like the attestation clause will be drafted for both parties.
In other words, the witnesses of the vendor/assignor will be prepared with their information and
signature. The same will apply to the purchaser’s/assignee’s witnesses.
Using our sample question, let us draft the attestation and execution clause for the parties which
reads thus:
FOR THE VENDORS:
SIGNED, SEALED AND DELIVERED
by the within named Vendors __________________________
CHIEF EMMANUEL CHIJINDU ANYANWU
(FAMILY HEAD)
__________________________
CHIEF LINUS ONYEKOZU NWAUZI ANYANWU
(PRINCIPAL MEMBER)

ELDER FELIX CHINYERE ANYANWU

(PRINCIPAL MEMBER)

In the presence of:

NAME: CHIEF JAMES AWOLOWO.
ADDRESS: NO. 444, REFINERY ROAD, OGALE – ELEME, PORT HARCOURT.
OCCUPATION: AGRO-BASED BUSINESS MAN.
SIGNATURE: _______________________

FOR THE PURCHASER:

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The Common Seal of LULU-BRIGGS OIL PROSPECTING & REFINING COMPANY
(NIGERIA) PLC Ltd is hereby affixed to this deed and duly delivered in the presence of:

________________________________

ALHAJI OLU BENSON BESTMAN

(MANAGING DIRECTOR)

______________________________
BARR. (MRS.) IFEOMA ENYINDA
(SECRETARY)
In the presence of:
NAME: HIGH CHIEF MATTHEW IDERIAH
ADDRESS: ARCHITECT
OCCUPATION: NO. 555 ZIK AVENUE, YENAGOA, BAYELSA STATE.
SIGNATURE: _______________________
PLEASE NOTE: That the names of the witnesses to the Vendors and Purchasers were not
formulated by me. They are in the question. You must painstakingly peruse your question and
fetch all the details. Remember I told you that in drafting, the answer is already in the question.
Your task is to find it and fix them where appropriate.
FINALLY, the FRANKING.
4. FRANKING: A deed is not prepared by a spirit. It is prepared by a human being. Thus,
the draftsman must also include his name, office address, contact details etc. This is very
important.
Thus, using our sample questions, our franking will read thus:
PREPARED BY:

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 AMOS ISAJINI
LIBERTY CHAMBERS
NO. 4 GRA PHASE 3,
PORT HARCOURT.
07056567899
esohwodesteve(a)gmail.com
This brings us to the end of our DEED. How simple! Now let’s have a complete draft by
answering Question 6 (b) (i) and (ii) of 2019/2020.

QUESTION 6 (b) (i)

This DEED of CONVEYANCE is made this day 24th of May, 2022.
BETWEEN
CHIEF EMMANUEL CHIJINDU ANYANWU (FAMILY HEAD), CHIEF LINUS
ONYEKOZU NWAUZI ANYANWU (PRINCIPAL MEMBER) AND ELDER FELIX
CHINYERE ANYANWU (PRINCIPAL MEMBER) acting for and on behalf of IWEZO
FAMILY of Ikwerrengwo village in Etche Local Government Area of Rivers State, Nigeria
(hereinafter referred to as the VENDORS and which expression shall wherein the context so
admits, include their Heirs, Assigns, Executors and Administrators in title) of the ONE
PART.
AND
LULU-BRIGGS OIL PROSPECTING & REFINING COMPANY (NIGERIA) PLC of
plot 333 Trans Etche – Omuma Industrial Layout, Okehi Town, in Ahoada East Local
Government Area of Rivers State, Nigeria (hereinafter referred to as the PURCHASER and
which expression shall wherein the context so admits, include their Assigns, Executors and
Administrators in title) of the OTHER PART.

WHEREAS:
1. The Vendors are the Estate co-owners for their sole benefit of the parcel of land which
was acquired through inheritance, measuring 30,500 hectares and is situated in
Ikwerrengwo village in Etche Local Government Area of Rivers State. The land is
covered by and fully described in survey plan No. SEN/RV/1158/2014 dated 22 January

12
 2014 prepared by Samuel Emmanuel Anitor Licensed/Registered Surveyor of 888
Mgbuesilaru Road Port Harcourt.
2. The Vendors have agreed to sell and the Purchaser has agreed to buy in consideration of
#900,000,000.00 (nine hundred million naira) as purchase price, provision of 50
scholarships to indigenes of Ikwerrengwo to study in universities in Nigeria and overseas
yearly, electricity for the five (5) Towns of Ikwerrengwo Community, roads, water and
modern amenities. The Purchaser is to pay annual homage to Ikwerrengwo Paramount
Ruler and all members of Cabinet Chiefs. The Purchaser has already paid the sum of
#15,000,000.00 for bush entry, 10 goats, and traditional Kola nuts, cartons of beer, malt
drinks and crates of Coca – Cola in performance of all customary rites and also agreed to
award yearly contracts to Ayanwu family.
3. The parties have agreed that this Deed may form the basis for an application by the
Purchaser to the Governor of Rivers State or his delegate in that behalf for the issuance
to her of a Certificate of Occupancy in respect of the parcel of land, the subject of this
agreement, or any other benefits accruable to her by virtue of the provisions of the Land
Use Act 2004.
NOW THIS DEED WITNESSES AS FOLLOWS:
IN consideration of the sum of #900,000,000.00 (nine hundred million naira) paid by the
Purchaser to the Vendors (the RECEIPT whereof the Vendors hereby acknowledges) as
BENEFICIAL OWNER do hereby convey or grant ALL THAT 30,500 hectares of Land,
situated in Ikwerrengwo village in Etche Local Government Area of Rivers State and which
Land is particularly described in survey plan No. SEN/RV/1158/2014 dated 22 January 2014
prepared by Samuel Emmanuel Anitor Licensed/Registered Surveyor of 888 Mgbuesilaru Road
Port Harcourt, TO HOLD UNTO the deemed right of occupancy under the Land Use Act 2004.

IN WITNESS WHEREOF the parties set theirs and seal the day and year first above written.
FOR THE VENDORS:
SIGNED, SEALED AND DELIVERED
by the within named Vendors _____________________________________
CHIEF EMMANUEL CHIJINDU ANYANWU
(FAMILY HEAD)
__________________________
CHIEF LINUS ONYEKOZU NWAUZI ANYANWU
(PRINCIPAL MEMBER)

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 ELDER FELIX CHINYERE ANYANWU
(PRINCIPAL MEMBER)

In the presence of:

NAME: CHIEF JAMES AWOLOWO.
ADDRESS: NO. 444, REFINERY ROAD, OGALE – ELEME, PORT HARCOURT.
OCCUPATION: AGRO-BASED BUSINESS MAN.
SIGNATURE: _______________________

FOR THE PURCHASER:

The Common Seal of LULU-BRIGGS OIL PROSPECTING & REFINING COMPANY
(NIGERIA) PLC Ltd is hereby affixed to this deed and duly delivered in the presence of:

________________________________

ALHAJI OLU BENSON BESTMAN

(MANAGING DIRECTOR)

______________________________
BARR. (MRS.) IFEOMA ENYINDA
(SECRETARY)

In the presence of:

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NAME: HIGH CHIEF MATTHEW IDERIAH
ADDRESS: ARCHITECT
OCCUPATION: NO. 555 ZIK AVENUE, YENAGOA, BAYELSA STATE.
SIGNATURE: _______________________

PREPARED BY:
AMOS ISAJINI
LIBERTY CHAMBERS
NO. 4 GRA PHASE 3,
PORT HARCOURT.
07056567899
esohwodesteve(a)gmail.com

QUESTION 6 (b) (i)

Note that: This question has to do with the drafting of an assignment because the land is
assumed to be registered. It is basically the same draft save for a few changes such as: the
commencement clause, names of the parties, narrative recital, parcel clause, words of grant,
habendum etc.

This DEED of ASSIGNEMENT is made this day 24th of May, 2022.

BETWEEN
CHIEF EMMANUEL CHIJINDU ANYANWU (FAMILY HEAD), CHIEF LINUS
ONYEKOZU NWAUZI ANYANWU (PRINCIPAL MEMBER) AND ELDER FELIX
CHINYERE ANYANWU (PRINCIPAL MEMBER) acting for and on behalf of IWEZO
FAMILY of Ikwerrengwo village in Etche Local Government Area of Rivers State, Nigeria
(hereinafter referred to as the ASSIGNORS and which expression shall wherein the context
so admits, include their Heirs, Assigns, Executors and Administrators in title) of the ONE
PART.
AND

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 LULU-BRIGGS OIL PROSPECTING & REFINING COMPANY (NIGERIA) PLC of
plot 333 Trans Etche – Omuma Industrial Layout, Okehi Town, in Ahoada East Local
Government Area of Rivers State, Nigeria (hereinafter referred to as the ASSIGNEE and
which expression shall wherein the context so admits, include their Assigns, Executors and
Administrators in title) of the OTHER PART.

WHEREAS:
4. The Assignors are the Estate co-owners for their sole benefit of the parcel of land which
was acquired through inheritance, measuring 30,500 hectares and is situated in
Ikwerrengwo village in Etche Local Government Area of Rivers State. The land is
covered by a Customary Right of Occupancy registered as No/Emolga/RV/000887766 in
the name of the family of Elioma Family Rundele Community in Risimini Clan Emuoha
Local Government Area by the Local Government Chairman on the 30 th of May and fully
described in survey plan No. SEN/RV/1158/2014 dated 22 January 2014 prepared by
Samuel Emmanuel Anitor Licensed/Registered Surveyor of 888 Mgbuesilaru Road Port
Harcourt.
5. The Assignors have agreed to sell and the Assignees has agreed to buy in consideration
of #900,000,000.00 (nine hundred million naira) as purchase price, provision of 50
scholarships to indigenes of Ikwerrengwo to study in universities in Nigeria and overseas
yearly, electricity for the five (5) Towns of Ikwerrengwo Community, roads, water and
modern amenities. The Assignee is to pay annual homage to Ikwerrengwo Paramount
Ruler and all members of Cabinet Chiefs. The Assignee has already paid the sum of
#15,000,000.00 for bush entry, 10 goats, and traditional Kola nuts, cartons of beer, malt
drinks and crates of Coca – Cola in performance of all customary rites and also agreed to
award yearly contracts to Ayanwu family.
6. The parties have agreed that this Deed may form the basis for an application by the
Assignee to the Governor of Rivers State or his delegate in that behalf for the issuance to
her of a Certificate of Occupancy in respect of the parcel of land, the subject of this
agreement, or any other benefits accruable to her by virtue of the provisions of the Land
Use Act 2004.
NOW THIS DEED WITNESSES AS FOLLOWS:
IN consideration of the sum of #900,000,000.00 (nine hundred million naira) paid by the
Assignee to the Assignors (the RECEIPT whereof the Assignors hereby acknowledges) as
BENEFICIAL OWNER do hereby convey or grant ALL THAT 30,500 hectares of Land,
situated in Ikwerrengwo village in Etche Local Government Area of Rivers State and which
Land is particularly described in survey plan No. SEN/RV/1158/2014 dated 22 January 2014
prepared by Samuel Emmanuel Anitor Licensed/Registered Surveyor of 888 Mgbuesilaru Road
Port Harcourt and is covered by a Customary Right of Occupancy registered as

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No/Emolga/RV/000887766 in the name of the family of Elioma Family Rundele Community in
Risimini Clan Emuoha Local Government Area by the Local Government Chairman on the 30 th
of May, TO HOLD UNTO the unexpired residue term subject to the Land Use Act 2004.
IN WITNESS WHEREOF the parties set theirs and seal the day and year first above written.

FOR THE ASSIGNORS:

SIGNED, SEALED AND DELIVERED
by the within named Assignors

_____________________________________
CHIEF EMMANUEL CHIJINDU ANYANWU
(FAMILY HEAD)

__________________________
CHIEF LINUS ONYEKOZU NWAUZI ANYANWU
(PRINCIPAL MEMBER)

ELDER FELIX CHINYERE ANYANWU

(PRINCIPAL MEMBER)

In the presence of:

NAME: CHIEF JAMES AWOLOWO.
ADDRESS: NO. 444, REFINERY ROAD, OGALE – ELEME, PORT HARCOURT.
OCCUPATION: AGRO-BASED BUSINESS MAN.
SIGNATURE: _______________________

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FOR THE ASSIGNEE:
The Common Seal of LULU-BRIGGS OIL PROSPECTING & REFINING COMPANY
(NIGERIA) PLC Ltd is hereby affixed to this deed and duly delivered in the presence of:

________________________________

ALHAJI OLU BENSON BESTMAN

(MANAGING DIRECTOR)

______________________________
BARR. (MRS.) IFEOMA ENYINDA
(SECRETARY)

In the presence of:

NAME: HIGH CHIEF MATTHEW IDERIAH
ADDRESS: ARCHITECT
OCCUPATION: NO. 555 ZIK AVENUE, YENAGOA, BAYELSA STATE.
SIGNATURE: _______________________

PREPARED BY:
AMOS ISAJINI
LIBERTY CHAMBERS
NO. 4 GRA PHASE 3,
PORT HARCOURT.
07056567899
esohwodesteve(a)gmail.com

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 TIPS TO DRAFTING IN THE EXAMINATION
From the drafts provided above, it is clear that there is basically no difference between a Deed of
Conveyance and a Deed of Assignment. A student should however bear the following in mind:
1. Don’t attempt to cram your draft. If you do, you will do yourself great disservice because
after your exams, you won’t remember anything and you will eventually face it in law
school. What then is the trick?
2. PRACTICE! PRACTICE! PRACTICE! There is no other way to master your draft
than by practicing it. You may split it into parts as may be convenient for you and
practice it.
3. You need to have speed when drafting in the exam. This can only be achieved through
practice. For instance, my first draft took me almost one hour and I became scared. I
know it but I don’t have speed. I submitted to practice. On the day of the exam, I drafted
both deed of conveyance and assignment under 30 minutes and answered the A part of
the question in less than 50 minutes. Of course I made a sweet A in both semesters and I
attempted drafting questions in both semesters.
4. HAVE CONFIDENCE IN YOURSELF. AMOS ISAJINI NO GET TWO HEADS!!!

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 AMOS ISAJINI
COPYRIGHT Cc (2022)

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