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GILBERT EZEIGWE V AWAWA AWUDU

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GILBERT EZEIGWE V AWAWA AWUDU

Legalpedia Citation: (2008-05) Legalpedia (SC) 11190

In the Supreme Court of Nigeria

Fri May 23, 2008

Suit Number: SC. 391/2002

CORAM


SUNDAY AKINOLA AKINTAN, JUSTICE ,SUPREME COURT


PARTIES


1. GILBERT EZEIGWE APPELLANTS


 AWAWA AWUDU

RESPONDENTS 


AREA(S) OF LAW



SUMMARY OF FACTS

The respondent gave the appellant’s father the right to collect rents from the property in dispute in her absence during the civil war. The appellant subsequently claimed title to the land by virtue of an irrevocable power of attorney executed in favour of his late father which was not executed in accordance with the illiterate protection law.


HELD


The court held that the irrevocable power of attorney was void and that assuming it was valid, it cannot confer title on the appellant.


ISSUES


Whether or not exhibit A substantially complied with section 3 of the illiterate Protection Law.


RATIONES DECIDENDI


CASES CITED


1. S.C..O.A Zaria v. Okon (1959) 4 FSC 220 at 2232. Eke v. Odolofin (1961) All NLR 404.3. U.A.C. of Nigeria Ltd. v. Ajayi (1958) N.N.L.R. 33


STATUTES REFERRED TO


Illiterate Protection Law


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