CAN A POWER OF ATTORNEY TRANSFER TITLE IN A PROPERTY FROM ONE PERSON TO ANOTHER?

 CAN A POWER OF ATTORNEY TRANSFER TITLE IN A PROPERTY FROM ONE PERSON TO ANOTHER? By Barr Tope Babade

Power of Attorney is a mere instrument of delegation which does not confer, transfer or limit a charge or alienate title to the Donee. Thus, mere possession of a Power of Attorney is not tantamount to a valid title to land.


In OSAKWE -V- NWOKEDI & ANOR (2018) LPELR - 45054 (CA), the ISSUE was whether a power of attorney can confer title on a donee. In that case, the Appellant relied on Exhibit P1- the Power of Attorney - as the document which vested in her the right of exclusive possession and enjoyment of the disputed property.


The Court stated, that the argument that she claimed only rent and enjoyment of the property without claiming title did not hold water since the prayer for injunction effectively means a prayer for title notwithstanding that there is no specific prayer for declaration of title. 


The court relied on UDE v. UWARA (1993) 2 SCNJ 47, where the Supreme Court held that a Power of Attorney is a mere instrument of delegation which does not confer, transfer or limit a charge or alienate title to the Donee.


Thus, it was held that mere possession of a Power of Attorney is not tantamount to a valid title to the land.


*_Please share widely among family, friends, colleagues and associates._*


For enquiries and more information, please contact:

Ayobayo Babade Esq, ACIArb (UK), FIMC

Tope Babade & Co (Real Estate Consultants),

5B, CMD-Jubilee Road,

Magodo GRA Phase 2,

Shangisha, Lagos.

Tel/WhatsApp: +234 813 834 4488.

https://topebabadeandco.estateagentsng.com/

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