CORAM

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UWANI MUSA ABBA AJI

TASLIM O. ELIAS, CHIEF JUSTICE, OF NIGERIA

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PARTIES

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1.AUGUSTA CHIME2.CHARLES CHIKA CHIME3.JOHN K. CHIME4.RAPHAEL CHIME5.DR. GABRIEL CHIME. APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The plaintiffs rested their case on that of the defendants who gave evidence in proof of their counter claim; judgement was given in favour of the defendants. The plaintiff challenged the judgment on grounds the sale opf the property in dispute after a power of attorney was excuted was improper and complained of procedural irregularities.

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HELD

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The court dismissed the appeal

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ISSUES

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NONE

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RATIONES DECIDENDI

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WHEN A POWER OF ATTORNEY IS IRREVOCABLE

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It is where a power of attorney is expressed to be irrevocable and is given to secure a proprietary interest of the donee or the performance of an obligation owed to the donee that it is irrevocable either by the donor without the consent of the donee or by the death, incapacity, bankruptcy, winding up or dissolution of the donor, so long as the donee has the interest or the obligation remains undischarged- Iguh J.S.C

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ERRORS IN JUDGMENT

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It is not every error or mistake that will result in an appeal against the judgment in a suit being allowed. It is only the error is substantial in that it has occasioned a miscarriage of justice that an appellate court is bound to interfere – Iguh J.S.C

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CASES CITED

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1. Onajobi Olanipekun (1985) 4 S.C. (Part 2) 156 at 163;2. Ukejianya v. Uchendu 13 W.A.C.A. 45, at 46; 3. Anyanwu v. Mbara (1992) 5 N.W.L.R. (Part 242) 386 at 400; 4. Azuetonma Ike v. Ugboaja (1993) 6 W.L.R (Pt. 301) 539 at 556 5. Reigate v. Union Manufacturing Co. (Ramsbottom) (1918) 1 K.B. 592 6. Ude v. Uwara (1993) 2 N.W.L.R (Pt. 278) 638 at 665. 7. Ajuwon v. Adeoti (1990) 2 N.W.L.R. (Part 132) 271 at 294.?

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STATUTES REFERRED TO

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NONE?

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