AKAAHS, JCA (Delivering the Lead Judgment): This appeal in the main relates to the authority actual or implied which an agent may exercise that will be binding on his principal. Implied authority is also referred to as apparent or ostensible authority. It is the authority of an agent as it appears to others. See Hely-Hutchinson v. Brayhead Ltd. (1968) 1 Q.B. 583. Under the doctrine of apparent authority the principal may be bound by third parties because the agent appeared to have authority, though as between principal and agent there was in fact no such authority granted and normal consequences of such authority did not arise. See: Par. 2231 of Chitty On Contracts 25th Edition Vol. 2. Where a person by words or conduct represents to a third party that another has authority to act on his behalf, he may be bound by the acts of that other as if he had infact authorised them. See Pickering v. Busk (1812) 15 East 38; Pickard v. Sears (1837) 6 A and 469; Freeman v. Cooke (184…
UBN PLC
V.
OFAGBE FARMS LTD
(2002) JELR 52493 (CA)
Court of Appeal 4 Mar 2002 Nigeria
Case
Key Passages 3
Citing Cases 3
BriefBot Summary
- The plaintiff bank granted the 1st defendant a loan of N360,000, guaranteed by the other defendants. Upon default in repayment, the bank appointed B.O. Omotosho & Co. as receiver to recover the debt. - B.O. Omotosho & Co., acting as the b
Case Details
Suit Number:CA/B/246/98
Judges:RAPHAEL OLUFEMI ROWLAND, JCA SAKA ADEYEMI IBIYEYE, JCA KUMAI BAYANG AKAAHS, JCA
Other Citations:(2002) 14 NWLR (Pt. 787) 242
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