CORAM

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

U.A. KALGO

MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT(Read the Leading Judgment)

PARTIES

ARJANDAS HIRANAND MELWANI (Suing Through His Attorney-Lateph Akingbade Adeniji) APPELLANTS

FIVE STAR INDUSTRIES LIMITED 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

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|

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