CASES ANALYSIS ON PROPERTY LAW PRACTICE IN NIGERIA

ABINA V FARHAT (1938) 14 NLR 17

In this instant case the Plaintiffs leased their property to the defendant. The purported lease was executed by an agent on the verbal instruction of the lessor. When an action raised in relation to the leased property.

The court held that a person who is appointed to execute a lease above three years on behalf of another must be appointed or authorized by deed, and the court declared the purported deed to be void.

In Nigeria today this position of the court has laid down precedent for the creation of power of attorney in relation of leases above three years to be in deed.

AJAMOGUN V OSHUNRINDE (1990) 4 NWLR (PT 1444) 407 AT 419

In the instant case the members of the family executed a Power of Attorney without the consent of the Family head.

The court held that a power of Attorney in respect of family property must be executed by the head of the family as one of the donors or as the sole donor.

This judicial authority as laid down conditions to the creation of Power of Attorney in respect of a family property.

CHIME V CHIME (2001) 3 NWLR (PT 701) 527 AT 549

In the instant case, the 4^th Respondent (donor) appointed the 1^st Respondent as (done) to sell his property, before the sale, the donor sold the said property.

The court held that the fact a Power of Attorney to alienate property is given does not divest the donor of the power to deal with the so long as the done had not yet exercised his power of sale before disposition by the donor.

This case enlightens the IMPLIED REVOCATION of power of Attorney which means that the fact that the donor has executed a Power of Attorney in favor of done dooes not divest him of the power to deal with that same property.

OJUGBELE V OLASOJI (1982) SC 71

In the instant the issue bothers on an unregistered registrable instrument. In relation to the power of attorney executed to the lease agreement above three years.

The court was of the opinion that when a party wants to rely on a registrable instrument if it is not registered under the Land Instrument Registration Law it will not be pleaded nor used as an evidence.

This case affirms the fact that if the Land Instrument Registration Law of that particular state defines a Power of Attorney as a registrable instrument, then failure to register the said Power of Attorney will render it inadmissible in court.

UDE V NWARA (1993) 2 NWLR 638 AT PAGE 664

The court in the instant case gave a comprehensive meaning of a Power of Attorney with it limitation which to an extent as affected the creation of Power of Attorney in Nigeria,

The court in it Ratio opines that A Power of Attorney merely warrants and authorizes the donee to do certain acts in the stead of the donor and so is not an instrument which confers, transfer limis, changes or alienates any title to the donee: rather it could be a vehicle whereby these acts could be done by the donee for and in the name of the donor to a third party.

UZOECHI V ALINNOR (2002) 2 NWLR (PT 753) 217 AT 274

The Court opined that a Power of Attorney is a registrable instrument if on the Land Instrument Registration Law of the state defines “instrument” to include Powers of Attorney. For Power of Attorney to be relied on in Court, it must be duly registered.

It must be noted that only powers of attorney made by deed are registrable. However, such unregistered Power of Attorney can be pleaded and given in evidence in other cases not relating to or affecting the land which is the subject of the Power of Attorney.