SALISU YAHAYA V. THE STATE
June 20, 2025CHIEF A.B. BRIGGS & ORS V CHIEF L.O.K. BOB-MANUEL & ORS
June 20, 2025Legalpedia Citation: (2002) Legalpedia (SC) 80161
In the Supreme Court of Nigeria
Fri Jan 25, 2002
Suit Number: SC.15/1994
CORAM
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
ARJANDAS HIRANAND MELWANI (Suing Through His Attorney-Lateph Akingbade Adeniji) APPELLANT APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant executed a power of attorney in Hong Kong in favour of one Adeniji to act on his behalf in all matters relating to his shareholding in the respondent. The power of attorney was executed before a notary public. The donee instituted this action in the name of the appellant when the respondent irregularly transferred his shares to another company. ?
HELD
The court held that the power of attorney was valid under section 117 of the Evidence Act and that the donee rightly instituted the action in the name of the appellant.
ISSUES
(1) Was the Court of Appeal right in holding that Exhibit B is not a valid power of attorney as it was neither executed before nor authenticated before a Notary Public pursuant to the provision of Section 117 of the Evidence Act(2) Was the Court of Appeal also right when it held that Exhibit B as drafted does not give the donee the right to sue’?(3) Assuming that the Court of Appeal was right on issues 1 and 2 above, was the Court right in holding that the action is incompetent and/or that there was no capacity to sue?”
RATIONES DECIDENDI
HOW A DONEE OF POWER OF ATTORNEY MAY SUE
A donee of a power of attorney may sue in the name of his principal, the donor- Ogundare J.S.C.J.S.C
PROOF OF DUE EXECUTION OF A POWER OF ATTORNEY EXECUTED IN A FOREIGN COUNTRY
By virtue of section 117 of the Evidence Act (formerly section 116), a power of attorney is admissible for the same purpose for which it would be admissible in the United Kingdom. Section 117-Per Ogundare J.S.C.
CASES CITED
Vulcan Gases Ltd. v. G.F. Ind. Gasverwertung A.G. (2001) 9 NWLR 610; (2001) 8 SCM, 143 ?
STATUTES REFERRED TO
The Evidence Act ?
