Power Of Attorney

Question 1

What case provides for a definition of power of attorney

Answer 1

Ude v. Nwara

Question 2

What kind of deed is a power of attorney?

Answer 2

It is a deed poll

Question 3

What kind of person can be given a power of attorney?

Answer 3

Only a natural person can be made a donnee. Not a juristic or artificial person.

Question 4

Is a power of attorney a good root of title?

Answer 4

No

Question 5

Can a power of attorney be made orally?

Answer 5

Yes

Question 6

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?

Answer 6

Benjamin v. Kalio

Question 7

What case states that a power of attorney should be in writing?

Answer 7

Abina v. Farhat

Question 8

What case states that a non juristic person cannot be appointed as an attorney?

Answer 8

National Bank of Nigeria v. Korban Brothers

Question 9

What case states that a POA should be revoked by a means higher or best equivalent to that which created it?

Answer 9

Adegbokan v. Akinsanya

Question 10

What case states that a power of attorney cannot be granted to multiple people concerning the same subject matter?

Answer 10

Adegbokan v. Akinsanya

Question 11

What case provides that mistake, fraud and misrepresentation can invalidate a POA?

Answer 11

Agbo v. Nwikolo

Question 12

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

Answer 12

3 months

Question 13

what sections protect the interests of third parties where a POA is revoked by operation of law

Answer 13

Section 71 of the CA

Section 142 of the PCL

Section 56 of the LRL

Question 14

what case backs up the principle that an unsigned piece of document lacks authenticity and is ultimately worthless

Answer 14

Faro Bottling Co. v. Osuji

Question 15

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

Answer 15

Melwani v. Five Star Industries

Question 16

Recitals in drafting power of attorney are usually used in relation to……

Answer 16

Family land

Question 17

When is governors consent and registration mandatory for a POA?

Answer 17

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

Question 18

Registration of a POA depends on……

Answer 18

Whether or not it is an understatement under the LRL

Question 19

Where a POA is registrable and it is not registered, it will be…..

Answer 19

Inadmissible as evidence in court - Ojugbele v. Olasoji

Question 20

Registration of power of attorney is guided by what laws?

Answer 20

The land registration laws of each state

Question 21

Why should a POA to be used outside Nigeria be notarized by notary public?

Answer 21

The notary public is internationally recognized

Question 22

What remedy is available to a donnee where a POA is revoked?

Answer 22

She may sue for damages