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The High Court dismissed a land claim after finding the plaintiff failed to prove ownership or a valid sale agreement for the disputed plot.
The court held that failure to pay stamp duty does not automatically render a document inadmissible, and improper execution under section 39 of the Companies Act was not established. However, the plaintiff failed to meet the requirements for admission of secondary evidence under section 67 of the TEA, making the photocopy inadmissible.
Source excerpt
Loan agreements are instruments chargeable with stamp duty under the Stamp Duty Act. As the documents were not duly stamped, they are inadmissible unless the Plaintiff pays the requisite stamp duty and penalty. The execution of the documents under the company seal satisfies section 39 of the Companies Act, and the objection on that ground is not upheld.
Source excerpt
The High Court held that the parties’ MOU was valid and binding, found the defendant breached it by retaining and using TOL’s cylinders, and awarded damages and injunctive relief.
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