Monday 21 October 2013

POWER OF ATTORNEY



Mr Ajayi is a business mogul; he has properties all over the federation that he has even forgotten most of it because he has little or no time to manage them, he has also been given an oil block by the federal government, he has come to you as a friend to advise on what to do so that the properties can be well managed. 

Here we shall be talking about Power of Attorney, What is Power of Attorney?
This is the right one has over a thing that can be transferred to another, therefore it can be described as a document which authorizes another person to act in his stead, a document of delegation (this is only applicable to things the donor of the right can lawfully do) By delegating such right all actions taken by the donee becomes binding on the donor of such powers, this document may but not necessarily under seal.

The fact that such powers have been granted does not prevent the donor of the power from exercising the powers donated .It is only the person executing these powers that binds himself.
Note that the donor of such right must be recognized in law – capable of suing and been sued, infants, bankrupt person, mentally incapable person cannot exercise such power.

Instances where Power of Attorney is applicable
The landlord can delegate power to another to carry out some acts i.e
To let house and eject tenants when need arise
To collect rent
To sell and buy properties
The list is enormous

Oyenike Alliyu-Adebiyi Llb(hons)BL

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