UGUGUA UKWA & ORS VS AKWA LOCAL COUNCIL & ORS
September 2, 2025ATTORNEY-GENERAL OF THE FEDERATION VS CHANDRAI
September 2, 2025Legalpedia Citation: (1965-11) Legalpedia 98273 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Wed Nov 17, 1965
Suit Number: FSC 538/1963
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
CHIEF OBASEKI
APPELLANTS
AFRICAN CONTINENTAL BANK LTD
RESPONDENTS
AREA(S) OF LAW
CONTRACT-SPECIFIC PERFORMANCE
SUMMARY OF FACTS
The appellant sued the respondents for damages and specific performance at the trial court
HELD
The court held that the Bank was not bound by the manager’s apparent approval of the sale (which was taken as the basis of argument) and there is no need to say more
ISSUES
Whether the bank was bound by the purported sale by the manager
Whether the appellant was supposed to have notice of the banks regulations
RATIONES DECIDENDI
DOCTRINE OF CONSTRUCTIVE NOTICE
‘Where the regulations of a company are registered, persons dealing with the directors and other agents of the company are for the purposes of this article deemed to have notice of such regulations.’- BAIRAMIAN, J.S.C
ON PURPORT OF A SIGNATURE PER PROCURATION
‘A signature ‘per procuration’ on a bill of exchange, promissory note, or cheque, operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature if the agent in so signing was acting within the actual limits of his authority.”- BAIRAMIAN, J.S.C
CASES CITED
Balfour v. Ernest (1859) 5 C.B. (N.S.) 601
Ernest v. Nicholls (1857) 6 H. L. Cas. 401
Mahony v. East Holyford Mining Co. (1875) L.R. 7 H.L. 869 at 893;
STATUTES REFERRED TO
Companies Act
