THIS
IRREVOCABLE
POWER OF ATTORNEY
GIVEN BY
MR.
___________:::::::::::::::::::::::::::::::::::::::::
DONOR
of
_________ Local Government Area, _________ State of Nigeria
TO:
MR. ___________ :::::::::::::::::::::::::::::::::::::::::::DONEE
of ______ in ______ Local Government Area of
______ State of Nigeria.
FOR
ALL THAT PARCEL OF
LAND SITUATE, BEING AND LYING AT NO. 2 _______________ STREET __________ IN
________ STATE OF NIGERIA, MEASURING AN AREA
OF APPROXIMATELY _______ SQUARE METRES.
Prepared
by:
……..……………………………………..
BARR.
_____________ ESQ.
ADDRESS HERE
NAME OF HERE STATE , NIGERIA
THIS IRREVOCABLE POWER OF ATTORNEY IS MADE this 25th day of APRIL 2014
BETWEEN
MR.
_________ of __________ Local Government Area, _______ State of Nigeria (hereinafter in this
Power of Attorney referred to as (“THE DONOR”) which expression shall
where the context so admit include his heirs, agents, personal representatives,
assigns and successors – in – title, etc of the ONE PART.
AND
MR.
_________ of __________ Local
Government Area, __________ State of Nigeria. (hereinafter in
this Power of attorney referred
to as (“THE DONEE”) which expression shall where the context so
admit include his heirs, agents, personal representatives, assigns and
successor -in-title, etc of the OTHER PART.
WHEREAS:
1. The DONOR
is by act of inheritance, the bonafide owner in possession of the parcel of
land described in the schedule in accordance with provisions of the Land Use
Act.
2. As
effective occupier, the DONOR is hereby the person vested with the
Customary Rights of Occupancy thereof of the said piece or parcel of Land.
3. The DONOR
in exercise of their possessory rights had yearly effectively farmed or
cultivated the said piece or parcel of land with assorted crops and /or letting
out portions to sundry tenants for seasonal cultivation.
4. The DONOR
by virtue of his long and continuous holding is in terms of the LAND USE
ACT, 1978, aforesaid, is deemed to be holder of the Customary Right of
Occupancy issued by the appropriate Authority under the said Act.
5. The
Donor for monetary consideration of (Amount
Here in Naira) (N000,000.00) only
has agreed to appoint ___________ his Law Attorney over the Aforesaid parcel
of land and HEREBY APPOINTS HIM AS
HIS LAWFUL ATTORNEY.
NOW
THERE KNOWN YOU ALL MEN that by this IRREVOCABLE
POWER OF ATTORNEY MR. ___________ of ____________ Local Government Area of Nigeria (hereinafter
referred to as “THE DONOR” which expression shall wherever the context
so permits include my heirs, successors-in-title, executors, personal
representatives, administrators and assigns) DO HEREBY APPOINT MR. _________
of _________, in __________ a Local Government Area, Ebonyi State of Nigeria.
(hereinafter in this Power of Attorney referred to as (“THE DONEE”) which expression
shall where the context so admit include his heirs, agents, personal
representatives, assigns and successor –in-title) my TRUE AND LAWFUL ATTORNEY in my name
(or in his name as he shall deem fit or the laws may permit) and on my behalf
subject whenever necessary to the consent of the Governor of Ebonyi State to do
all the acts and things hereunder mentioned in respect of my plot or parcel of
land (100 x 100) lying, being and
situate at N0. __________ Street __________ in _______ State
of Nigeria, Measuring an Area of Approximately 1520.100 Square Metres, with
all the appurtenances.
THAT
IS TO SAY:
1. To
enter and take absolute possession of the said plot or parcel of land.
2. To
manage and superintend the management of my property consisting ALL THAT
plot or parcel of land (100m x 100m) situate and lying at N0. ____________ Street _________ in _______ State of Nigeria, Measuring
an Area of Approximately 1520.100 Square Metres.
3. To
finance, erect or cause to be erected on the said plot or parcel of land
building or buildings thereon.
4. To
transfer and dispose of all and singular the said property and to sill the
building or buildings erected and to be erected thereon together with all the
appurtenances either by private contract or by public auction or in any other
way, as he may deem reasonable in accordance with the law in force.
5. To
keep such money to be realized from the transfer of the said property and sale
of the buildings thereon and to make use of the money himself absolutely.
6. To
commence. Prosecute, enforce, demand, answer or oppose all actions, suits,
claims or any other legal proceedings whatsoever in respect of the said
property.
7. To sign for me or for himself any instrument, Deed or
contract pertaining to, and affecting my said land and building erected
thereon.
8. To effect any instrument, sub-lease, mortgage, surrender,
transfer, charge, or other Deed and to sign for me or endorse my name upon or
to any contract or other or any instruments or documents whatever with respect
to my said land and buildings thereon.
9. To demise, let or hire out the whole or part of the sail
property.
10. To ask, demand, accept, receive the rents and profits thereon
and to sue for all such rents and profits and to keep for himself absolutely
all such rents and profits and to give effectual receipts and discharges for
the same.
11. To do every other thing whatsoever which may be necessary or
proper in his absolute discretion for carrying out any agreement for transferring the land or the whole or part of
any buildings erected thereon into complete effect and execution in such manner
that all my estate right, title and interest in or to my said land and premises
with the appurtenances may be effectually and absolutely conveyed and assured
unto the purchaser or respective purchasers thereof or unto such other person
or persons and for such estate or estates therein and in such manner and form
as he shall direct or appoint.
12. To
receive any summons or legal processes whatsoever and to represent me in any
court any public offices in any and all matters relating to my said land or
premises.
13. To re-delegate the powers, which I have herein given to him so
that the legal principle of “Delegatus
non potest delegare” does not apply in this power of Attorney.
14 To act as my Attorney or Agent in relation to the said land,
building erected and to be erected thereon and all other matters in which i may
be or he think in his absolute discretion that I may be interested or concerned
and on my behalf to execute and do all instruments, acts and things whatsoever
as fully and effectually in all respect as I myself if personally present, could
have done PROVIDED that the instruments, acts or things relate to and
refer to my said property.
15 I HERBY AFFIRM that my Attorney shall not be called
upon by me or my heirs or successors at law or in equity to render account of
the said monies to me or to my heirs or successors.
16 To apply for and obtain certificate of occupancy in respect
of the said property in his own name in accordance with the law in force.
17 AND I HEREBY FURTHER DECLARE that all and every
receipts, Deed, matter, acts or things which shall be given, made, executed or done
by my Attorney for the aforesaid purposes shall be as good, valid and effectual
to all intents and purposes whatsoever as if the same had been signed, sealed
and delivered, given or done by me in my proper person.
18 I HEREBY DECLARE that this power of Attorney nullifies
all and any other power of Attorney which I may have given or which I may give
to anybody else in respect of my said property and that this power of Attorney
is the only one at any time valid and subsisting.
19 AND
FURTHERMORE, we hereby declare that this Power or Attorney being given for
valuable consideration of (Amount Here
in Naira) (N000,000.00) Only shall
remain IRREVOCABLE even after our
death or any disability whatsoever.
IN WITNESS WHEREOF
I hereto have hereunto set my
hand and seal the day and year first above written.
SIGNED SEALED AND DELIVERED
BY
THE WITHIN-NAMED “DONOR”
________________________
NAME
HERE
In
the Presence of:
Name:……………………………………….
Address:……………………………………..
Occupation:…………………………………
Signature:…………………………………….
SIGNED
SEALED AND DELIVERER
BY
THE WITHIN-NAMED “DONEE”
__________________________
NAME
HERE
In
the Presence of:
Name:……………………………………….
Address:……………………………………..
Occupation:………………..…………………
Signature:…………………………………….
PART
PAYMENT
RECEIPT/ACKNOWLEDGEMENT
I,
_______________ of __________, in
_____________ Local Government Area of Ebonyi State of Nigeria do hereby
acknowledge the receipt of the Sum of N000,000.00
(Six Hundred Thousand Naira only) as part payment for a parcel of land/plot
of land located at _____________, ____________ in ____________ Local Government
Area of Ebonyi State measuring an area of approximately…………….…….square metres
from ______________ of __________ community, __________ Local
Government Area, Cross River State.
Dated this ……………………… day of ………….… 20…….
SIGNED:
1. ……………………………….
NAME
HERE
2. ………………………………..
NAMA
E HERE
In the presences of:
1. Name…………………………………
Address………………………………
Sign…………………………………..
2. Name………………………………..
Address……………………………..
Sign………………………………….
Prepared by:
NAME OF SOLICITOR ESQ
PP. NAME OF COMPANY & CO