Power Of Attorney Flashcards
What case provides for a definition of power of attorney
Ude v. Nwara
What kind of deed is a power of attorney?
It is a deed poll
What kind of person can be given a power of attorney?
Only a natural person can be made a donnee. Not a juristic or artificial person.
Is a power of attorney a good root of title?
No
Can a power of attorney be made orally?
Yes
What case states that where the law is silent and does not consider a power of attorney a registrable instrument, its non registration does not make it invalid?
Benjamin v. Kalio
What case states that a power of attorney should be in writing?
Abina v. Farhat
What case states that a non juristic person cannot be appointed as an attorney?
National Bank of Nigeria v. Korban Brothers
What case states that a POA should be revoked by a means higher or best equivalent to that which created it?
Adegbokan v. Akinsanya
What case states that a power of attorney cannot be granted to multiple people concerning the same subject matter?
Adegbokan v. Akinsanya
What case provides that mistake, fraud and misrepresentation can invalidate a POA?
Agbo v. Nwikolo
A statutory declaration must be made by an attorney within …. Months where he has made a sale in good faith and without notice of revocation of the power of attorney by operation of law
3 months
what sections protect the interests of third parties where a POA is revoked by operation of law
Section 71 of the CA
Section 142 of the PCL
Section 56 of the LRL
what case backs up the principle that an unsigned piece of document lacks authenticity and is ultimately worthless
Faro Bottling Co. v. Osuji
what case backs up the principle that it is advisable for a notary public to attest to a POA where it is to be used outside the country of its execution
Melwani v. Five Star Industries
Recitals in drafting power of attorney are usually used in relation to……
Family land
When is governors consent and registration mandatory for a POA?
In Lagos, under the LRL 2015, governors consent and registration is mandatory in dealing with an irrevocable power of attorney created in relation to transactions on land in Lagos
Registration of a POA depends on……
Whether or not it is an understatement under the LRL
Where a POA is registrable and it is not registered, it will be…..
Inadmissible as evidence in court - Ojugbele v. Olasoji
Registration of power of attorney is guided by what laws?
The land registration laws of each state
Why should a POA to be used outside Nigeria be notarized by notary public?
The notary public is internationally recognized
What remedy is available to a donnee where a POA is revoked?
She may sue for damages
what case provide that a donor is not excluded from doing that which he has given a donee the power to do
Chime V. Chime
What is the point of an irrevocable power of attorney?
To avoid the hardship that comes with revocation by operation of law
What are the ways to make a power of attorney irrevocable
Where the power of attorney is stated to be made irrevocable for a period not exceeding 12 months
Where the power of attorney is coupled with valuable consideration
Where the power of attorney is coupled with grant or interest
A power of attorney attracts a ….. stamp
Fixed
When the power of attorney is made a irrevocable, can the donor revoke such power within the fixed period
No
