The Affidavit of Settlement is a crucial legal instrument in Nigerian dispute resolution, combining the evidentiary weight of a sworn affidavit with the substantive content of a settlement agreement. This document type is particularly useful when parties need to create a court-admissible record of their settlement terms, whether arising from litigation, mediation, or private negotiation. The document must comply with the Nigerian Evidence Act 2011, Oaths Act, and relevant procedural rules, requiring certification by a Commissioner for Oaths or similar authorized official. An Affidavit of Settlement typically includes detailed information about the parties, the nature of the dispute, agreed settlement terms, payment arrangements, and mutual releases. It serves as both a formal record and an enforceable agreement, particularly valuable in situations where parties need to ensure their settlement has additional legal weight beyond a standard contract.
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1. Title and Court Details: Specifies the court jurisdiction and case reference number if applicable
2. Deponent Information: Full name, occupation, and address of the person making the affidavit
3. Background: Details of the dispute or circumstances leading to the settlement
4. Settlement Terms: Clear statement of all agreed settlement terms and conditions
5. Payment Terms: Specific details of any financial settlements, including amounts and payment schedule
6. Release Clause: Statement releasing parties from future claims related to the settled matter
7. Declaration of Truth: Formal declaration that the contents are true to the best of the deponent's knowledge
8. Execution Block: Space for signature, commissioner for oaths attestation, and official stamp
1. Additional Parties: Section identifying other parties involved in the settlement beyond the primary parties
2. Confidentiality Clause: Terms regarding the confidentiality of the settlement terms, if required
3. Non-Admission Clause: Statement that the settlement does not constitute admission of liability
4. Governing Law: Specific mention of Nigerian law as governing law when dealing with cross-border matters
5. Amendment Provisions: Terms for how the settlement can be modified, if needed
6. Force Majeure: Provisions for unforeseen circumstances affecting settlement implementation
1. Payment Schedule: Detailed breakdown of payment installments and dates
2. Asset List: Inventory of any assets being transferred as part of the settlement
3. Supporting Documents: List of referenced documents that support the settlement terms
4. Witness Statements: Additional sworn statements from witnesses if relevant to the settlement
5. Previous Agreements: Copies of any previous agreements being superseded by this settlement
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