Who Can Make Gifts And What Are His Powers

Who Can Make Gifts And What Are His Powers? Daily Law Tips (Tip 560) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Only a bonafide owner, a lawful and true owner of a thing or property can give out his lawfully owned property as a gift to another person. You cannot give what you don’t have. The owner of a property can give his property and all his interest in the property or some of his interest in his property. A giver has powers to give away absolutely (without any reservations) or limitedly (with some reservations/for a specific time).

A gift is absolute when all the title and interest of the Owner/Giver (Donor) are freely, fully, totally and unconditionally given/transferred to a Receiver/Beneficiary (Donne) for FREE. Where a gift is made subject to some conditions or for a particular period of time, such gift is not absolute rather conditional and limited. Hence, the Receiver/Beneficiary of such gift must abide by the conditions set by the Owner/Giver.

A gift is made once a Receiver/Beneficiary (Donne) accepts the gift offered to him/her. Once a gift is accepted it cannot be withdrawn or revoked, unless there is fraud, mistake or force in the making of the gift. Generally, powers of an Owner over his gifted property automatically cease immediately his gift is accepted. And, the owner and his beneficiaries (children, dependents and agents) are estopped (prohibited) and has no powers to reverse or withdraw the gift or disturb the Receiver and his own beneficiaries over such gift. Always remember, “What is Given, is Given.” Below are the words of appellate courts:

1. The courts have emphasised this in; “The law, as I had earlier stated is now well settled; it is nemo dat quod non habet. There was no iota of evidence of how the Respondent’s father became the owner of the land in dispute which he allegedly gave as a gift inter vivos to his son, the Respondent. No one can in law give to another person what he does not have and the Respondent’s father is no exception to his long well established principles of land law. See N. S. I. T. F. V. Iyen (2014) 9 NWLR (Pt.1412) 323 @ P. 345; See also Egbuta V. Onuna (2007) 10 NWLR (Pt. 1042) 298.” Per BIOBELE ABRAHAM GEORGEWILL ,J.C.A ( Pp. 54-56, para. A ). Quotation is from the case of GABDO v. USMAN (2015) LPELR-25678(CA)

2. Also, “… Unless a donor reserves the right to revoke, once a gift has been validly executed it cannot be revoked.” Per JIMI OLUKAYODE BADA ,J.C.A ( P. 20, paras. C-F ) Quotation is from the case of ABAH v. OGBE (2012) LPELR-14842(CA)

3. From the Supreme Court, “Unless a donor reserves the right to revoke, once a gift has been validly executed it cannot be revoked in the absence of fraud, mistake, misrepresentation or other invalidating cause. See Ogilvie v. Allen (1899) 15 T.L.R. 294.” Per, YEKINI OLAYIWOLA ADIO ,J.S.CÂ ( P. 15, paras. F-G ). Quotation from the case of IMAH & ANOR v. OKOGBE & ANOR (1993) LPELR-1497(SC)

References;

1. The Supreme Court’s decision in the case of IMAH & ANOR v. OKOGBE & ANOR (1993) LPELR-1497(SC).

2. The Court of Appeal’s decision in the case of GABDO v. USMAN (2015) LPELR-25678(CA)

3. The Court of Appeal’s decision in the case of ABAH v. OGBE (2012) LPELR-14842(CA)

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.

****************************************************************************************

This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.

DISCLAIMER:

This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners.

PROJECTS: 

🛒 Take short courses, get samples/precedents and learn your rights at www.SabiLaw.org

🎯 Publish your legal articles for FREE by sending to: eve@sabilaw.org

🎁 Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 6

KEEP IN TOUCH:

Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via:

YouTube: SabiLaw

Twitter: @Sabi_Law

Facebook page: SabiLaw

Instagram: @SabiLaw.org_

WhatsApp Group: Free Daily Law Tips Group 6

Telegram Group: Free Daily Law Tips Group

Facebook group: SabiLaw

Email: lisa@sabilaw.org

Website: www.SabiLaw.org

ABOUT US & OUR PARTNERS:

This publication is the initiative of the Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010.

DONATION & SPONSORSHIP:

As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here  or contact us for sponsorship and partnership, via: lisa@SabiLaw.org or +234 903 913 1200.

**********************************************************************************