LEGAL PRINCIPLE: LAND LAW — Family Land — Power of Attorney Overrides Individual Rights of Family Members
PRINCIPLE STATEMENT
Where a power of attorney is donated to certain persons, it overrides the right of any individual family member. The power to deal with the land, including the right of the head of the family, is delegated to those to whom the power of attorney is donated.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ojo & Ors v. Anibire & Ors (2004) NLC-312000(SC) at p. 9; Paras C–D.
"In my view, this is no longer necessary because the power to deal with the land including the right of the head of the family had been delegated to those to whom the power of attorney was donated in exhibit K. I hold the view that exhibit K has over-ridden the right of any individual in this respect."
EXPLANATION / SCOPE
A power of attorney overrides individual family members’ rights. The principle applies to land law and agency. The donee has authority to deal with the land. The rule ensures that delegated authority is effective. Individual family members cannot challenge acts done under the power of attorney. The principle is well-established.