AN ANALYSIS OF THE LEGAL EFFECT OF AN UNSIGNED DOCUMENT (CONTRACT) IN CONTRACT THE LIGHT OF THE SUPREME COURT DECISION IN MTN V CORPORATE COMMUNICATION INVESTMENT LTD (2019) LPELR – 47042 (SC)

Abstract

The apex court on 5 March 2019 created an exception to the general principle on the effect of an unsigned document in the landmark case of MTN v Corporate Communication Investment Ltd. 2 Here, it departed from the traditional principle that every unsigned document is a worthless document and held that the unexecuted Agreement was binding on parties. The above decision has been misconstrued by some critics as changing the traditional rule on the effect of an unsigned document as a worthless document that cannot be relied on to prove the existence of its contents. This paper analyses the effect of executing a document and the likely consequences of not executing a document. Using MTN v Corporate Communication Investment Ltd. as a case study, the paper concludes that the effect of an unsigned document depends on the peculiar circumstances of each case vis–a– vis the conduct of the parties.

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UNILAG Law Review, (2021) Volume 5 Edition 1.