Hello People. It's so nice and interesting to be here. I've always held the view that Law is almost, if not, everything in the society. Believe me! The Law can either make or Mar you. You think it is only Lawyers that should know the Law? Definitely not! In fact, what should give your Lawyer an edge over you is that he know where to find the Law.
Having said that, even though I'm still learning, I've decided to educate my esteemed people on this platform by posting the Legal stories of people and proffering Legal advice as much as possible. This can be in form of decided cases, fresh briefs or even hypothetical cases we can learn from.
Note, however, that nobody is an island of knowledge or above mistake. So, the opinions of learned persons on this platform are also welcome. This is also an opportunity for you to ask that question that has been bothering you about your legal rights or duties in your day to day activities.
JOIN ME IN THIS TRAIN AND LET'S RIDE ON!!!


Re: My Legal Diary: Legal Stories And Legal Opinions by Withambition!
Mr. Tunde Alaye was an employee of Olaitan Yisa Consulting Ltd at the Itoko Branch of the Consulting Firm.  He was so employed on 4-7-83. In September 1987, two individuals who were officers of the National Union of Political Consulting Institution Employees jointly sent a petition against the Mr. Tunde Alaye.  It was alleged that the he had committed some dishonest acts in the course of his duties under Olaitan Yisa Consulting Ltd.   In consequence, the Consulting Ltd suspended him from work. Later, however, those who wrote the petition withdrew it.  This would appear to convey that the petition had been motivated by malice.  Mr. Alaye’s expectation that he would be recalled from suspension following the withdrawal of the petition did not materialize.  Rather, Mr. Alaye, by a letter dated 12-10-87, was summarily dismissed from Olaitan Yisa Consulting Ltd's employment.
Points to Note:
1. In an "ordinary employment relationship" like in this one and following the common law principle, a termination of a contract of service, even if unlawful brings to an end the relationship of master and servant. This is because the court cannot impose an unwilling employee on an unwilling employer and vice versa.
2. However, where the contract of employment has "statutory flavour" i.e where the contract of employment was established by a statute and such statute prescribes the manner in which an employee may be relieved of his employment like the due observance of the principle of fair hearing (giving the employee an opportunity to defend himself), the termination of the contract of employment will be invalid if the procedure is not followed. For the purpose of clarity, when an office or employment has a statutory flavour in the sense that its conditions of service are provided for and protected by statute or regulations, any person holding that office or in that employment enjoys a special status over and above the ordinary master and servant relationship (which is governed by Common Law). In the matter of disciplining of such a person, the procedure laid down by the applicable statute or regulations must be fully complied with.  If materially contravened, any decision affecting the right or tenure of office of that person may be declared null and void in appropriate proceedings. So, if you're working for the government, for example, your Director or even Commissioner cannot just wake up one day and say you should leave the government service.
3. An employee or an employer have a right to walk away from a contract of employment is the manner specified in their written contract. In most cases, it is by giving the requisite notice agreed upon. However, where an employer lays of an employee without the necessary notice, he is expected to compensate the employee by paying the benefits the employee would have derived from his retention of his employment for the number of months the employer should have given him notice of termination. In short, The law is that a servant would only be paid for the period he served his master and if he is dismissed as in this case, although wrongfully all he gets as damages is the amount he would have earned if his appointment has been properly determined. Thus, where an employee is relieved of his employment without the requisite notice or his entitlement in lieu of the notice, he can sue for his entitlements but I'll advise such employee gets a lawyers to write his employer first to demand such entitlement before resorting to litigation which may be quite expensive.
4. On the other hand, where an employee is summarily dismissed, he is not entitled to any notice and cannot claim any benefit from his employer. An employee may be summarily dismissed if he is guilty of gross misconduct such as fraud, sexual offences etc. However, in a claim for wrongful dismissal, the measure of damages is prima facie the amount that the employee would have earned had the employment continued according to contract. It is the duty of such employee to minimize the damage he sustains by the wrongful dismissal i.e. he is required to minimize his damage by looking for another job.
5. An employer though not bound to give reasons for terminating the appointment of his employee: where the employer gives reason for the termination the onus lies on the employer to establish that cause of reason. For example, if you're working in a private establishment and your employer gives you sack letter because you refused to marry his daughter there is nothing you can do to it even if you know that his reason for termination your employment contract. However, where he discloses the reason why he gave you sack letter, he has to prove that it is reasonable.
6. An employer has no right to stop an employee's salary when the latter is on suspension.
With these Laws, what do you think is the hope of Mr. Tunde Alaye?
I'm of the view that Mr. Tunde Alaye can only claim the amount he would have gotten for the months he should have been given due notice of the termination of his employment.

https://www.nairaland.com/3569167/legal-diary-legal-stories-legal#52751961

HOW TO BUY A FAMILY LAND
http://www.thelegaldiary.com/

The Maku family owned a large parcel of land at Gbogboelamase Town which they inherited from their Late father who gave birth to 4 children; Sola, Tunde, Lekan, Iwalewa. The Head of the family, Chief Sola Maku sold the parcel of Land to Madam Anunla in 2001 after a family meeting with Mr. Tunde Maku and Mrs. Iwalewa Ogun (Nee Maku) where they agreed to sell the Land. Madam Anunla went ahead to obtain a Certificate of Occupancy (C of O) from the government in respect of the said Land in 2002. Mr. Lekan Maku was intentionally absent at the meeting claiming that he wasn't in agreement with the sale of the land and will reserve his comment for the main time. Mr. Lekan Maku later went ahead to sell the same parcel of land to Mr. Mike Zuru in 2004 claiming that he was the only one that has a right to sell the land because he is their father's favourite. Mr. Mike Zuru immediately obtained a Certificate of Occupancy in respect of the same parcel of land and started building a mansion on it. On getting to know of Mr. Mike Zuru's building on the said Land, Madam Anunla remembered her boyfriend then, Mr. Ndubuisi who read Law while they were in the University told her the owner of the land owns everything affixed to the land and decided she was going to wait till the completion of the mansion before she claims the Land. Mr. Mike Zuru completed the mansion in January, 2017 and Madam Anunla has gotten a lawyer to claim the said land arguing that she is the original owner of the land. Mr. Mike Zuru ran to my Chamber seeking my Legal advice while swimming in the fear of losing his investment.
Points To Note:
1. A Family Land is a land that is owned jointly by the members of a family; there is corporate ownership of such land.
2. A Family Land can only be validly sold by the Family Head with the consent of the principal members of the family. The practice is that the sale is valid where the Family Head sells the land with the consent of a majority of the principal members of the family.
3. If the Family Head sells the Family Land without the consent the principal members of the family, such sale is voidable; it will be valid only if the principal members of the family subsequently agrees to the sale.
4. If a family member sells the Family Land without the consent of the Family Head and other principal members of the society, such sale is totally invalid.
5. The Certificate of Occupancy is does not guarantee automatic title. The Law is that the Land belong to the par that can show a superior, better or paramount title to the Land.
6. Whatever is affixed to the land belongs to the Land/owner- (quic quid plantatur solo solo cedit). In essense, even if you build one billion Naira house on another man's land, the general law is that the owner of the land is the owner of such house. Awoof? Yes! Awoof...
7. You cannot give what you don't have. (nemo dat quod non habet). If you don't have title or interest in a land, then you don't have a valid title to transfer to any other person. In essence, anybody that buys a land from someone who has no right to sell it has bought nothing. In short, make your finding well before you buy any landed property.
8. If you delay in claiming your right, the law will not help you. Delay defeats equity. NOTE: Don't sleep on your right. The maximum period for claiming your right on a land is 12years after which the Limitation Law will bar you from bringing an action to enforce your right. Also, where you see someone trespassing on your Land and you don't take legal steps immediately but standby while watching, it will be taken that you have agreed that the person on the Land should be using the said Land and you are a father Christmas in any month you do that. For short, it will be taken that the trespasser has clicked "Get Help" and you've clicked "Provide Help".
9. The Limitation period starts counting from the moment the Land owner comes to the knowledge of the trespass or encroachment on his land. ACT PROMPTLY!!! The moment you see anybody trespassing on your land get a lawyer to help you write to such trespasser as well as to place CAUTION/CAVEAT on the said Land.
10. Long possession of a land is regards generally as evidence of ownership until it is proved otherwise. If you delay in bringing an action, you will be unable to get a chance to prove that you're the rightful owner and the trespasser that has been in possession for a long time will continue to dwell there. Painful? Yes! But that's the position of the Law.
However, possession, no matter how long, does not amount to ownership. Did I hear somebody saying he will go and do jazz against him? Well, the law does not recognize jazz.
In view of these, I suppose you should have gotten an understanding of the legal rights of the parties.
Chief Sola Maku, the Family Head, rightfully sold the Family land to Madam Anunla because he sold it with the consent of the Majority of the principal members of family. Therefore, Madam Anunla has a valid title.
Mr. Lekan Maku's sale of the family Land to Mr. Mike Zuru without the consent of the Family Head and other principal members of the family is invalid. This is because Mr. Lekan cannot give what he doesn't have which means Mr. Mike Zuru bought nothing.
Originally, the Mansion Mr. Mike Zuru built on the said Land should belong to Madam Anunla because whatever is affixed to the Land belongs to the Land/Owner. Madam Anunla owns the land and should be the owner of the structure built on it.
However, Madam Anunla went ahead to buy a Mouka Foam and slept on her right. In other word, she delayed in claiming her interest in the Land and, apart from the fact the period has exceeded 12years stipulated by the Limitation Law, seeing the trespasser building on her land and saying nothing is taken as acquiescence under the Law.
Ultimately, although the Land rightfully belongs to Madam Anunla but since she's barred by the Limitation Law from suing, the whole situation is in favour of Mr. Mike Zuru who is allowed to remain in possession of the Land.

MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://www.thelegaldiary.com/

HOW TO DEAL WITH YOUR LAND LORD

http://www.thelegaldiary.com

Professor. Famewo is a Professor of Geography at the University of Nigerian, Nsukka. He acquired a three bedroom flat and a boys quarter in 2013 as part of his new year resolution. However, since he is currently resident at the Staff Quarters of the University, he decided to let out the house. In February 2014, Mr. George rented the three Bedroom flat at the rate of N240,000 (Two Hundred and Fourty Thousand Naira only) per annum and agreed to be paying his rent yearly. In March 2015, Prof. Famewo met his childhood friend, Mr. Chukwu who had just relocated to Nsukka and was in need of an accommodation. He graciously allowed Mr. Chukwu to occupy the boys quarter at no cost considering the nice time they had together in their early days. On the 20th of June, 2016, Professor Famewo served both Mr. George and Mr. Chukwu notice that they should quit the house the following day because he needs it for personal use. Mr. Chukwu just called me on phone insisting that he won't agree because he didn't beg him for a house before he willing told him to stay but he wants to be sure if he can follow the steps of Mr. George who just pack all his loads and locked the house and left. On the 25 of June, 2016, Professor Famewo got a carpenter to break the padlock and forcefully gained entrance into the house. Mr. George got information concerning this and he made an official report to the police while claiming that Professor Famewo forcefully gained entrance into his apartment and stole his N2,000,000 (Two Million Naira).
Points to Note:
1. A landlord and tenant relationship is strictly governed by Law and a landlord who seeks to recover his premises from a tenant must strictly comply with the provisions of the relevant Laws.
2. A landlord is a person entitled to immediate reversion of the premises and includes the attorney or agent of any such landlord or any person receiving (whether in his own right or as an attorney or agent) any rent from any person for the occupation of any accommodation in respect of which he claims a right to receive same.
3. A tenant includes any person occupying premises, whether on payment of rent or otherwise, but does not include a person occupying premises under a claim (in good faith) to be the owner of the premises.
4. Laws have been enacted at different levels principally to provide for procedures a landlord must comply with or adopt to recover possession. Such procedures are primarily to protect the interest of the tenant against that of the landlord.
5. The general Law is that the landlord on the expiration of the time rent or expiration of a valid notice to quit, may proceed to court for possession.
6. The Laws governing the Recovery of Premises requires an additional 7 days notice of owner’s intention to apply to court to recover possession to be given to the tenant. The landlord can only take out a writ after the expiration of the 7 days. The tenant therefore becomes a statutory tenant and cannot be evicted by force, except by a lawful court order.
7. The landlord can be sued and made liable for damages. In essence, resort to self-help by the landlord to evict a tenant who is in lawful occupation is not lawful and such a landlord renders himself liable to the tenant in trespass. Yes! You can sue the Landlord for pouring away your precious garri in this recession period.
8. Before a Landlord can recover a house, (1) there must be in existence some “premises” which is defined by law as “a house or building or any part thereof together with its gardens or other appurtenances” and (2) the landlord-tenant relationship must be established.
NB: The position of most Courts is that the landlord must still comply with the procedure laid down in the law even if there is no landlord-tenant relationship; provided the person sought to be evicted is in lawful occupation.
9. A landlord seeking to recover possession of his premises before the expiration of the tenancy is obliged to issue a notice to quit popularly called "Quit Notice". The notice stipulates a period within which the tenant must quit possession of the premises.
10. The period of notice given will usually depend on the agreement between the parties. In the absence of any agreement, the period of notice will be determined by provisions of the Law. The period of notice to be given by either party is as set out below:

Tenancy at will (squatters) or weekly tenancy – 1 week’s notice
Monthly tenancy- 1 month’s notice
Quarterly tenancy- 3 months' notice
Yearly tenancy- 6 months' notice.
NB: Tenancy exceeding one year is regarded as a yearly tenancy and 6 months notice is sufficient.
Warning!!! The Calculation is not mathematics and it's more of a legal technicality. Professors of Economics from Ijebu should take note.
11. It is after the expiration of the period of notice that another 7days notice (notice of owner's intention to recover possession) mentioned above will be issued and the notices to quit must be issued by the landlord himself or by an authorized agent or Solicitor.
NB: It should be noted that it is the date the tenant gets the notice and not the date on the notice that is important.
12. When time stated in the notice of intention to apply to recover possession has lapsed, if the tenant or any person in possession of the premises still fails, refuses or neglects to give up possession, then the landlord or his agent may apply to the appropriate court for the issuance of a writ against the tenant or such other person neglecting to refusing to deliver up possession.
Did I just hear somebody shout "Haaa....someone will go and spend money again"? Calm down! In most cases, the Court in delivering the judgement orders such a tenant to pay the Landlord the cost of the litigation.
Yes! You already know the position of both Mr. George and Mr. Chukwu?
Professor Famewo should have just served Mr. George 6months Notice to Quit and subsequently 7days notice of his intention to recover possession. If he had done that and the tenant still refused to leave, he should have ejected him by the order of the Court. He will also urge the Court to order him to pay any amount of rent he's owing.
On the other hand, Professor Famewo should have served Mr. Chukwu (who is not a tenant) 7 days notice and then subsequently proceed to the Court to obtain the order to eject him.
NB: If the members of the Police Force later discovered Mr. George lied that Professor Famewo stole his money, the former may be arraigned at sentenced to a jail term of about 10years or more. However, I'm sure you all know the suffering such landlord would have gone through in the hands of the policemen before the truth is ascertained.

MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://www.thelegaldiary.com/

I will be back

Dr. Omoniyi and Engr. Sokunbi are my very good friends from our University days. On the 19th day of January, 2016, Dr. Omoniyi put a call through to Engineer Sokunbi to inform him that his wedding ceremony would be coming up on the 27th of May, 2016 and that it is only the wedding service that will be done because he values his time and does not see the need for all those going to registry or engagement ceremony. So elated, Engr. Sokunbi shouted, "Thank God! My Efiko Dr. Jackometer is getting married at last!! Hmmm...after the book, book and book".
On the 14th day of February, 2016, Engr. Sokunbi sent a message to Dr. Omoniyi on BBM to inform him that he just proposed to his darling girlfriend as well and he is thinking of picking the 17th day of June, 2016 for their wedding. "It would be just the engagement ooo. My parents don't know about it sef. You know I'm trying to save money for my Construction Company that would be incorporated early next year", he clarified.
I was fortunate to meet the two of them on the 30th day of March, 2016 at the University Alumni Body Meeting. I saw them sharing memories at the motion ground and, as if it was planned, they both brought our their invitation cards and handed them over to me. "Ololo...my friends are getting married...Godwin", I teased. Engr. Sokunbi came in, "Don't pull our legs joor. I even need to ask you, is it a sin to do just engagement?"
Points to Note
1. There are basically three types of marriage in this context; (i) Statutory Marriage (ii) Customary Marriage and (iii) Islamic Marriage.
2. Statutory marriage is conceived more in the sense of the Christendom as the voluntary union for life of one man and one woman, to the exclusion of all others. In essence, it is monogamous in nature. This is the type contracted when couples go to the registry.
3. Customary marriage is one that is "negotiated, celebrated or concluded according to any of the systems of indigenous African Customary Law which exist in Nigeria". In most cases, the popular "engagement ceremony" before the wedding is the customary marriage.
4. Islamic Marriage is one that is contracted according to the Islamic Law as prescribed by the Holy Qu'ran and other Islamic Law Sources.
5. For a Statutory Marriage to be Valid, the following requirements must be in place:
(i) Capacity (The parties must be of Age and must be in their right frame of mind)
(ii) Consent of the parties (absence of consent and consent obtain by fraud, deceit, misrepresentation or duress will render the marriage invalid). Madam "I will use pregnancy to trap him down, take note.
NB: Where either of the parties is less than 21years, he/she must obtain the written consent of the father.
(iii) Both parties must be single; a party to a subsisting statutory or customary law marriage has no capacity to enter into another statutory marriage with another person.
6. The requirement of a valid Customary marriage are as follows:
(i) Age (depending on each custom)
(ii) Capacity (For example, have you ever seen someone say "I'm in love with my brother or cousin"? Such marriage is invalid under customary law).
(iii) Consent of both the parties and parents.
7. A man married under the Customary Law has the legal right to marry as many wives as possible unlike that of Statutory marriage.
8. Mere Church wedding does not constitute a valid marriage.
9. However, there are churches which are regarded as "Licenced Places of Worship". Such churches have been authorized by the relevant government authority to contract statutory marriages.
10. A statutory marriage can only be brought to an end by a Court of competent jurisdiction and before the marriage can be dissolved, it must have broken down irretrievably.
12. The type of marriage contracted by the couples will determine the rights of the surviving spouse upon the demise of one of the parties, the mode of acquisition of the family property by the offspring, the mode of dissolution of the property etc.
You know the answer to Engr. Sokunbi's question?
It is not a sin to contract just customary marriage(engagement) but the parental consent is a sine qua non for a valid Customary marriage. However, he should be sure he wants his rights and duties to be determined according to the customary law
As for Dr. Omoniyi, he should take note that mere church service does not constitute a valid marriage. However, if the church he intends to have his wedding is a "Licenced Place of Worship", then he would be contracting a statutory marriage.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

The President of the Nigerian Society of Engineers (NSE), Engr. Olatunji received an International Award on the 26th day of April, 2016 from the British Engineering Society as Africa's Most Industrious and Exception Leader of the Society. He was celebrated by countless of well-wishers who extended their congratulatory message to him in the newspapers, radio stations, televisions, internet among other media.
Upon his return from the United Kingdom, the Secretary of the Nigerian Society of Engineers (NSE), Chief Kyrian met him personally in his office and confronted him that he does not deserve the award but was awarded erroneously because the British Engineering Society had no idea how much he(Engr. Olatunji) had siphoned from the purse of the Nigerian Society of Engineers and his betrayal of the Society at large
This didn't go well with the Engr. Olatunji at all and he went ahead to tell his P.A., Miss Ajayi who told him it was defamation and Chief Kyrian shouldn't go without paying seriously for such. On the 9th of January, 2017, Engr. Olatunji was invited to a television programme at Diamond T.V. where he made the statement, "Even International Bodies have recognised my exceptional leadership and industry so, people will have diverse opinions but those in their right senses will appreciate us. Imagine, the Secretary of the Society, Chief Kyrian was one of those that confronted me that I don't deserve the award claiming I've betrayed the Society and embezzled her funds".
The following day, Engr. Olatunji got some members of the Nigerian Police Force from the Lekki Police Division who detained Chief Kyrian at the Station. Chief Kyrian's wife, Dr. Dorris has called on me to seek legal advice and intervention especially now that Engr. Olatunji promised to sue for libel in turn of N5,000,000,000
Point to Note:
1. Defamation is any act done by one to bring done the reputation of another in the estimation of right-thinking members of the society or to expose him to hatred, contempt or ridicule.
2. There are two (2) types of defamation: (i) Libel, which, in general, is written (some have included defamatory content contained in discs, flashdrive etc) and (ii) Slander, which, in general, is oral. For example, the lady that lied on twitter that Davido impregnated her can be held liable for Libel while the man that made false allegation in a public meeting that the Chairman is a rapist can be held liable for slander.
3. The purpose of both is to protect the interest in his reputation which everybody enjoys: there is, therefore, no defamation unless there has been a communication of the defamatory matter to a third party for it is the opinion held of the person defamed by others that matters.
4. Insults directed to the person himself do not in themselves constitute defamation since it is not primarily concerned with the plaintiff's wounded feelings.
5. There are defences a person can raise as follows:
(i) Justification
A person who alleges that he has been defamed need not prove that it is false because the law presumes this in his favour. However, if the person he claims has defamed him can prove it's truth, he will be free.
(ii) Fair Comment
It is a defence that the statement was fair comment on the matter of public interest. Thus, if a person tells people that another has Ebola so the virus won't spread, he won't be liable for defamation.
(iii) Absolute Privilege
There are some occasions that are deemed to be so important that those making statements upon them are not liable in defamation even though their statements are untrue or even malicious. Examples are legislative proceedings, court proceedings etc
(iv) Qualified Privilege
There are some situations in which it is thought desirable that reflections on the reputation of another, although untrue, should not give rise to an action for defamation, provided that they were not published with "malice".
6. Defamation is a civil matter (although there's is also criminal defamation) and does not require the police to arrest or detain the other party.
You should be able to ascertain my advice for both parties.
Chief Kyrian did not defame Engr. Olatunji because there was no other person in the office during the confrontation. The fact that Engr. Olatunji went ahead to tell people himself does not amount to defamation or, at best, he was the one who defamed himself.
Also, Chief Kyrian's wife, Dr. Dorris is advised to get a Lawyer to write to the Police Station demanding the immediate release of her husband who has been detained unlawfully without committing any offence.

MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

On the 5th of January, 2014, Dr. Ayo Amosun bought a duplex at Gbonagun Estate from Ven. Lekan Akinbode at the sum of Fifty Million Naira Only (N50,000,000.00). Both of them had agreed that there was no need to put pen on paper since the payment is to be made once and for all. On the 4th of March, 2015, Dr. Amosun promised to give his wife, Deaconess Imek Amosun the duplex if she comes out with flying colours in her Masters Degree programme. "Don't worry honey. I just want you to know this duplex is all yours if you get an excellent result upon the completion of your Masters Programmes" were his exact words. Fortunately for Deaconess Amosun, she emerged as the Overall Best Student of the University of Lagos for the Masters category but Dr. Amosun has refused to release the Duplex. "Sweetheart, but this is a contract between us. Why are you now attempting to breach it?", Deaconess Amosun complained.
Dr. Ayo Amosun just called me on phone to confirm whether he indeed contracted with his wife. He also expressed fear that Ven. Lekan Akinbode's wife, Mrs. Adeola Akinbode was trying to sell the duplex to another person.
Points to Note:
1. A contract is an agreement between two parties giving rise to obligations which are enforced or recognised by law.
2. For there to be a valid contract, the following elements must be present:
(i) Offer - One person must have made an offer to contract with another person. (Do you know that a cab man driving up and down the street while 'girraffing' to hear where you called is making an offer?)
(ii) Acceptance - The other person to whom the offer was made must have CLEARLY accepted it. This can be expressly or by the person's conduct. (For example, you can't say you have not accepted to sell your brogues when you've collected the money and spent it).
(iii) Consideration - Each person must be offering something of value to the other person in return for what he is getting.
NB: Consideration need not be adequate but it must be sufficient. (For example, if you sell your iphone 7 for N5,000 it is sufficient for a valid contact)
(iv) Capacity: Both parties must be up to age (18years) and of sound mind. (For example, a person whose 'skunskun' is official cannot enter into a valid contract).
(v) Contractual Intention/intention to enter into legal relation- Most social arrangement do not amount to contracts because they are not intended to be legally binding. But for some exceptions, domestic agreements between husband and wife or parent and children are not intended to have legal relation.
(vi) Contracts can be in oral or written form. However, there are some contracts which the law EXPRESSLY requires to be in writing. For example land agreements must be in writing (sealed, signed and delivered).
NB: I will advise that, as much as possible, all your contracts should be in writing. Yes! People can deny for Africa.
(vi) There is a protection for someone who has fulfilled his part of the contract if the other person does not want to perform his. It is based on the law that "What ought to be done is regarded as done". (Doctrine of Part-Performance)
As it stands now, Dr. Amosun should have gotten a written agreement that is 'sealed, signed and delivered' from Ven. Akinbode as evidence of the sale of the duplex. However, since Dr. Amosun has substantially performed his own part of the contract by making full payment, the law will not allow Ven. Akinbode to benefit from his own wrong. Dr. Amosun can get his lawyer to write to Ven. Akinbode demanding that a written agreement be made. If Ven. Akinbode refuses, Dr. Amosun can institute an action in court to claim his right.
There is no contractual agreement between Dr. Amosun and his wife, Deaconess Imek Amosun since it is a mere social or domestic arrangement made during one of those romantic evenings. You know?
Mr. "My Mum said she will get me a Bugatti if I get a distinction in Pharmacology" should take note. There's no contract to enforce even if she doesn't buy it.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

This is why you should document your contract! http://thelegaldiary.com/you-should-document-contracts/

PLEASE, SHARE AS YOU READ!!!


Cc: lalasticlala, mynd44

This is really educative.

Good job OP.

Educative post.

Thank you very much. Please Share.

On the 14th day of January, 2017, Madam Oluwatimilehin Olatunde called me to explain something really sad that happened in her area the previous day. From the way and manner she was panting and consistently losing her breathe, I could only imagine how horrific it must have been. She complained that Chief (Mrs) Seunlo Mobigold, a reputable woman and a business tycoon in her area was carrying on her usual trade of jewellery sales across the road when her manfriend, Chief. Amafa Kelu came to visit her. She was standing at the roadside with Chief Amafa Kelu who was having a nice conversation with her when an horrible incident happened. She was was suddenly hit by a Toyota Venza while the driver of the vehicle was trying to avert coalition with an oncoming Nissan Micra. Unfortunately, she died before getting to the hospital while Chief Amafa Kelu's leg was broken. The man that drove the car is well known in Madam Oluwatimilehin Olatunde's area and is on good terms with the deceased. He was identified as Mr. Sly Indika and he is the Chief Accounting Officer of Fabregas Oil. He reported himself to the police the same day the horrific incident happened and Chief (Mrs) Seunlo Mobigold was buried the following morning . Madam Oluwatimilehin Olatunde is interested in knowing what will become of the man. " This man should killed too for such an offence but I doesn't trust lawyers because they're too dishonest. The man has money and lawyers can can lie more than Ananais and Saphira on his behalf. Everybody will see that something happened but the lawyers will turn everything and make the suspect will still go scot-free", she said.
Points to Note:
1. An offence or a crime is defines as any act or omission which is rendered punishable by some legislative enactment. In essence, a wrong must be stated in a written law as an offence and the punishment it attracts before it can be said to be a crime.
2. An offence consist of two elements- physical and mental. The physical element (actus reus) is the guilty act while the mental element (mens rea) is the guilty mind. For example, if a person steals a Nokia 3310, the physical element is the unlawful taking of another person's phone while the mental element is the intention to steal the Nokia 3310.
3. Before a person can be convicted of an offence, both the physical element (actus reus) and the mental element (mens rea) must be proved. For example, a person who takes another person's Nokia 3310 thinking it is his own perhaps because he has a very similar one may be exonerated. (The physical element is present but the mental element is absent- There is no intention to steal the phone). Also, a person who has an intention to steal another person's Nokia 3310 but has not stolen cannot be said to have committed an offence. (The mental element is present but the physical element is not absent- The is no unlawful taking of the phone).
NB: There are exceptions to this rule. The court can convict a person of some guilty act even if there is no guilty mind. For example, if a person kills another without intention.
4. For a person to be convicted of an offence, it must be proved beyond reasonable doubt that the person committed the offence. You want to know why? The Law believes that it is better for 99 Criminals to go scot-free than to punish 1 innocent person. I'm sure some of us must have watched films where the original offender showed up or the truth was ascertained after the innocent person had been killed. How did you feel?
5. Homicide is the killing of a human being by another human being. There is a distinction between lawful and unlawful homicide. For example, soldiers killing a person that has been sentenced to death by hanging is a lawful homicide and it is not an offence.
6. Unlawful homicide is causing the death of another human being in circumstances which are not authorised, justified or excused by law. Unlawful homicide with intention is called MURDER while unlawful homicide without intention is MANSLAUGHTER.
7. The punishment for murder is death while the punishment for manslaughter is life imprisonment.
8. There are DEFENCES open to the suspect; during the trial, the suspect may claim that a certain fact or set facts in the case serve to exonerate him from liability. Example of such defences are accident, insanity, bona fide claim of right, mistake, involuntary intoxication etc. For example; the person that took another person's NOKIA 3310 thinking it is his own may be discharged and acquitted if he successfully pleads the defence of "Bona fide claim of right".
9. Although there are new developments under the law, the victim gets no remedy under criminal law except that the accused person is punished. However, the victim can bring a separate civil action to claim remedy.
It's such an unfortunate incident but Madam Olatunde has to understand that Mr. Sly Indika may be convicted of the offence of manslaughter for unintentionally killing Chief (Mrs) Seunlo Mobigold. However, if he successfully pleads the defence of "accident", he will not be found guilty. For example, if Mr. Sly Indika is able to successfully show the court that his brake failed and the situation was beyond his control, he may be discharged and acquitted.
Chief Amafa Kelu on his own can bring a civil action to claim damages for the loss of his Leg.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede
Lalasticlala, mynd44

https://m./1298091223567870?view=group&fc=photo_upload_success&mds=/sharer-dialog.php?fs=2&fr&m=page&sid=1334147203295605&_ft_=qid.6390623591610505750%3Amf_story_key.1334147203295605%3Atop_level_post_id.1334147203295605%3Atl_objid.1334147203295605&internal_preview_image_id&mdf=1

On the 13th day of August, 2016, Professor Laolu Omilana was appointed as the new Director of the Nigerian Institute of Human Nutrition and Dietetics, Abuja. He is to lead a team of 6 to pilot the affairs of the Institute for the next 2years. On the 5th day of November, 2016, the Institute entered into an agreement with Emmanuel Inufin Automobiles Ltd which was represented by her Legal Adviser, Damilola Bamisile(Miss) for the supply of 6 (official) Cars from Japan at an agreed sum of 180 Million Naira. The terms of the contract are as follows:
(a) That the purchaser has agreed to purchase 6 vehicles imported from Japan from the vendor at the agreed price of N180 million
(b) That the purchase price will be paid in 3 instalments. The first instalment being for the sum of N80million be paid upon the execution of this agreement, the second instalment being for the sum of N50million to be paid upon the presentation of evidence of clearance of the vehicle at the port and the third instalment being for the sum of N50million to be paid upon the delivery of the vehicles to the purchaser which is six weeks from the entry into force of this agreement.
(c)That all contractual conditions or warranties as to fitness are excluded from this contract.
Upon the arrival of the Cars, it was discovered that the engines of the cars were faulty and not be fit to be used as the official cars of the leaders of the institute. Prof. Omilana was in my office last week to brief me. "How can those people claim the outstanding sum of N50million when the cars are not working properly", he insisted.
Points to Note
1. In Law, parties are free to decide the terms of the contract they are entering into and they are bound by that agreement. In essence, a party will not be allowed to scuttle out of a contract freely entered into by him because it wasn't later favourable to him.
2. Apart from the express terms, there are implied terms in every contract of sale of goods, one of which is that the goods must be fit for the purpose for which it was purchased (or at least for the purpose for which it was manufactured).
3. However, the terms of the contract can contain "exemption clauses". An exemption clause is a term in a contract which seeks to exempt a party from liability in a certain event which ordinarily he would be bound to make contingency plan for. For example, one of the reasons why most aggrieved persons cannot sue MMM is because there are exemption clauses on the website of the scheme and they are even highlighted in red.
4. To every general rule, there are exceptions. An exception to the validity of exemption clauses is "fundamental breaches". Fundamental breach is an event resulting from the failure of one party to perform a primary obligation which has the effect of depriving the other party of substantially the whole benefit which it was the intention of the parties that he should obtain from the contract.
5. For the purpose of clarity, where a party was in breach of a term that was said to be fundamental to the contract, an exemption clause, no matter how wide cannot avail him.
Based on these Laws, I had to tell Prof. Omilana the story of another woman with a similar experience. This woman, Temitope Adegbuyi shipped cattle on board the ship of another man, Mr. Tomi Akano from Ankara to Lagos under a bill of lading which contain an exemption clause to the effect that the ship owner was not to be responsible "under no circumstance" for any damage, injury or death of the cattle. The cattle were infected with foot and mouth disease because the ship which was previously used to carry that had such diseases and was not disinfected by the servants of Mr. Tomi Akano. Temitope Adegbuyi suffered damage and sued. Mr. Tomi Akano relied on the exemption clause but the court's decision was that "in this case, it is clear that the ship was not reasonably fit for the carriage of these cattle. There is therefore a fundamental breach of their implied engagement by Mrs. Elizabeth Temitope. The latter is entitled to damages".
It is deducible that Emmanuel Inufin Automobile Company may not be able to successfully claim the outstanding sum of N50million because the company is in fundamental breach of the contract; 'the engine is the car'! However, I'm of the simple opinion that the parties should just enter into a mediation or arbitration session to resolve their dispute so that a win-win position can be created. Time is business.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

Pastor Joshua Allen is the CEO of ATM Pharmaceutical Company Ltd., Akure. On the 25th day of January, 2016, he entered into a contract of sale of some drugs on behalf of the Company with Miss Oladipo who is also a renowned Pharmacist at the sum of N750, 000. This was based on the agreement that she would not resell the drugs below N1million or pay the sum of N500, 000 for the breach and that in the event of a sale to her customers she would extract the same promise from them. On the 31st day of March, 2016, Miss Oladipo sold the drugs to the MD of Federal Medical Centre, Sagamu, Dr. Tolani Awokoya at the sum of N1.2million and he agreed to observe the restriction or pay the sum of N500, 000 for the breach. On the 1st day of November 2016, Dr. Tolani Awokoya sold the drugs to a community hospital at N800,000 and ATM Pharmaceutical Company has instituted an action against the Federal Medical Centre, sagamu to enforce the promise N500,000 for such breach.
Points to note:
1. The principle of law is that a person who is not a party to a contract although the contract was made for his benefit cannot sue on the contract.
2. In other words, a contract, generally, cannot confer enforceable rights or impose obligations arising under it on any person except those who are parties to it. For instance, if your Project Supervisor contracts with Royal Diadem Consults to help you with your project analysis and the latter failed to do so, you don't have a right to sue because you're not a party to the contract.
3. The parties to a contract are those who communicated with each other and fulfilled the basic elements of a valid contract to bring the agreement into existence.
4. The main reason behind this principle is that only a person who is a party to a contract can sue and be sued on it.
5. However, parties have the freedom to enter into a contract based on their desired terms and they can include such third party involvement in their initial agreement.
6. Nonetheless, the party to the contract can sue the party who defaulted by joining the third party for whose benefit the contract was made as a party.
It is apparent that ATM Pharmaceutical Company does not have a right to sue because the Company was not a party to the contract between Miss Oladipo and Federal Medical Centre, Sagamu. However, the only bailout he has is to persuade Miss Oladipo to sue FMC, Sagamu and join him as a necessary party.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede
SHARE!!!

On the 13th day of March, 2017, it was reported that the Lagos High Court sitting at Igbosere, in the judgment given by Justice Adedayo Oyebanji, awarded a cost of N2 million against NAFDAC and also ordered the National Agency For Food and Drug Administration and Control (NAFDAC) to order the Nigerian Bottling Company (NBC) Plc to put a written warning on Fanta and Sprite bottles stating that both soft drinks are poisonous when consumed along with Vitamin C. The court further held that NAFDAC failed Nigerians by declaring, as fit for human consumption, products discovered by tests in the United Kingdom as turning poisonous when mixed with ascorbic acid (popularly known as Vitamin C).
The judgment was the outcome of a suit filed by a Lagos-based businessman, Dr. Emmanuel Fijabi Adebo, and his company, Fijabi Adebo Holdings Limited, against NBC Plc and NAFDAC. Mr. Adebo, in the suit, urged the court to declare that NBC was negligent to its consumers by bottling Fanta and Sprite with excessive levels of benzoic acid and sunset additives. They alleged that in March 2007, Fijabi Adebo Holdings Company bought large quantities of Coca-Cola, Fanta Orange, Sprite, Fanta Lemon, Fanta Pineapple and soda water from NBC for export to and subsequent retail in the United Kingdom. But when the consignment arrived in the United Kingdom, health authorities in that country, precisely the Stockport Metropolitan Borough Council's Trading Standard, Department of Environment and Economy Directorate, raised fundamental health issues on the contents and composition of Fanta and Sprite.
On account of the irregularities and carcinogenic substances present in the drinks, Mr. Adebo and his company could not sell the Fanta and Sprite. This caused huge losses for the company, as the products were seized and destroyed by the United Kingdom health authorities. The claimants equally alleged that NAFDAC did not carry out requisite tests to determine the safety of the drinks for human consumption. I am minded to think it is important for us to know that the term "negligence" in this case is not just limited to the day to day usage of the word in the English language jungle.
Points to Note:
1. Negligence is the failure to exercise the care that a reasonable and prudent man would naturally exercise in a similar situation.
2. In Law, for a person to be found liable for negligence, three elements must be proved as follows:
(i) Duty of Care
(ii) Breach of the Duty of Care
(iii) Damages resulting from the Breach
3. Firstly, a man cannot be held liable in law for every careless act even if it results in damage, except if he owes the plaintiff a legal duty of care.
4. "Duty of Care" is all about 'foreseeablility'. You owe a duty of care to everybody who you can reasonably foresee would be likely to be injured by your acts or omissions. Yes! You owe anybody you offer a lift in your vehicle a duty of care to ensure they alight safely from your vehicle otherwise they can sue you for negligence.
5. Secondly, the plaintiff must prove that the defendant owed him a legal duty of care which he breached otherwise the action would fail.
6. Thirdly, it must be proved that the defendant has made the plaintiff suffer damage as a result of the breach of the legal duty to take care on his (the defendant's) part.
7. However, it is pertinent to note that there are cases where the plaintiff need not prove this third element but can just relying on the doctrine of "res ipsa loquitur" which means "the fact speaks for itself". For example, a person who lost his hand in an accident resulting from another's negligent driving only need to show his amputated hand to the court and, of course, "the fact speaks for itself".
8. In short, for an action founded on negligence to succeed, these three elements must have been established with cogent evidence before the court of Law.

In this case, NAFDAC owes a duty of care to every buyer/consumer of soft drinks ( as well as other drinks, drugs, cosmetics etc) to ensure they conduct proper laboratory test before giving approvals that the products are safe for use. This is because the consumers can suffer harm if the Agency omits to perform such duty.
There was a breach of the Duty of care when NAFDAC failed in its duty to carry out the proper test and detect the carcinogenic substances in the drinks.
Mr. Adebo and his company suffered from this breach of duty of care by NAFDAC when they bought the products, exported it to the UK but couldn't sell it and found it destroyed by the appropriate health authorities because NAFDAC didn't conduct proper test to warn the public of such harm or even ban such drinks.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

lalasticlala, Mynd44, Seun, 1forall, CrazyMan, ijebabe, dominique

MuskElon:
This is really educative.

Good job OP.

Thanks a bunch...

kolado:
Educative post.

Thanks Bro.

On the 2nd of June, 2016, Mr. George was employed as a driver at Sister Morin Motors Ltd, a transport company owned by Madam Omorinsola Olowe. He is very hardworking a man and Madam Olowe is greatly impressed by this attribute of his. However, his only flaw appears to be his occasional reckless driving and negligence.
On the 30th of December, 2016, Lionel Iwobi who had just returned from Dubai on a business trip boarded a cab owned by Sister Morin Motors Ltd from Abuja Airport to his booked hotel at Wuse. The cab was driven by Mr. George who had just been transferred to Abuja.
Upon getting to the hostel, Lionel Iwobi was offloading his luggage only to discovered his diamond wristwatch was missing. "I bought that wristwatch £50,000 and you must produce it otherwise you will pay heavily for the loss", Lionel Iwobi threatened. "I'm so sorry Sir, it was not intentional. Someone must have taken it when I went to ease myself and I forgot to lock the Car", Mr George pleaded. Within a twinkle of an eye, Lionel Iwobi called his lawyer to inform him of his loss as well as his intention to sue the driver.
Lionel Iwobi has now instituted an action against Sister Morin Motors Ltd and Madam Olowe has been wondering why her company was sued for the negligence of Mr. George.
Points to Note:
1. In Law, an employer will be liable for any tort committed while an employer is performing their duties. This is the Law of "vicarious liability".
2. For the purpose of clarity, the law of vicarious liability is that a master will be liable for the wrong committed by his servant in the course of the servant's employment, irrespective of whether the master authorized or ratified the activity complained of, and even though he may have expressly forbidden it.
3. You're surprised? The Law is not based on the fault of the employer but rather on considerations of social policy. Come to think of it, the employer is in the best position to pay compensation than the employee.
4. For an employer to be vicariously liable, three elements must be proved as follows:
(i) There is the existence of employer/employee relationship
(ii) The wrong was committed by the servant
(iii) The wrong was committed within the course of the servant's employment.
4. On the first element, the master is liable for only the wrong of his servant but not that of an independent contractor.
5. The distinction between a servant and an independent contractor is this: For a servant, a master can order what is to be done as well as how it is to be done. On the other hand, in respect of an independent contractor, he can only order what is to be done. For instance, your clerk in the office is an employee while the carpenter that is just invited occasionally to repair the furniture is an independent contractor.
6. In respect of the second element, the employer cannot be vicariously liable for the tort of his servant unless it has been proven that the servant actually committed the wrong.
7. As regards the third element, for the employer to be vicariously liable, the servant must have committed the wrong in the course of his employment. In other words, an employer will not be held liable for the tortious act of a servant who was on a frolic of his own. For example, the Nigerian Police Force cannot be vicariously liable for the tort of a policeman who physically assaults his neighbour because the latter refused to greet him.

The following facts are clear from the case:
(i) Mr. George is an employee of Sister Morin Motors Ltd which is owned by Madam Olowe.
(ii) His negligence in forgetting to lock the Car led to the loss of the wristwatch.
(iii) The loss of the wristwatch occurred during the course of his employment as a driver of the company.
Therefore, Sister Morin Motors Ltd is vicariously for the negligence of Mr. George.
NB: This is not a call for employees to be lackadaisical in the course of their duty because the employer will be vicariously liable.
Mr. George will also pay severely for the loss. Apart from the heavy financial burden on him, a criminal action alleging that he stole the wristwatch may be brought against him.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

John Kadi and Michael Lads were lucky to be among the students admitted into the University of Ibadan in the year 2010. John was in the Agricultural Engineering Department while Michael was a medical student. They looked so much alike that other students hardly believe they were not identical twin or at least, brothers from the same mother. It was therefore not uncommon for students as well as lecturers to ask one whether he knew the other. Unsurprisingly, they became good friend and walked together on campus. Unfortunately, while Michael Lads was the studious and serious type, John Kadi turned out to be very wayward. Michael tried all his best possible to encourage John to stay focused so that his stay on campus won't be a waste but every advice of his fell on deaf ears.
On 7th of October, 2014, Michael Lads was selected alongside two other colleagues of his to represented University of Ibadan at the Doctors-in-Embryo International Competition in the United States of America. The Competition was slated for 23 October - 29 October, 2014 and Michael, his colleagues as well as the Supervising Lecturer left for the United States of America on the 21st day of October, 2014. At the end of the Competition, University of Ibadan came out victorious and their success was reported on the 30th day of October, 2016, in both international and national newspapers. The headline of one of the newspapers read "Unibadan Medical Students Set Record, wins International Medical Students Competition". The Internet was also flooded with their success story and when Michael's Secondary School colleague, Daniel Ayokunsi came across the news online, he exclaimed "Wow! This is fantastic. That boy that likes book. He's my friend ooo".
On the 10th of November, 2014, Michael was in the reading room when he noticed the noise in the hostel was becoming unbearable. He stepped out of the room to confirm what the issue was when he noticed it was some policemen attached to the Doherty Police Station that has stormed the hostel. "They're in search of a student that stole a lecturer's apple laptop on Monday, 27 October, 2014", a student whispered. Within a twinkle of an eye, one of the policemen shouted "Mr. Man! Hands up!! You are under arrest!!!" {Pointing at Michael}
Michael was taken to the Police Station where he was accused of stealing an apple laptop belonging to a lecturer at the Faculty of Engineering. He was asked to make a statement against his will and he was thereafter detained in the cell. He could not even talk or argue because he had not the slightest idea of what was happening. He was charged to court on Tuesday, the 11th day of November, 2017 and upon arraignment, he was asked whether he was guilty of the offence or not. He said, crying, "I'm not guilty, I was not there. I was not even in school". The Prosecutor shut him up that he could not be heard saying he was not there at that point and he was later sentenced to 9years imprisonment. He screamed in tears "My Pathology exammmmm...". Highly pathetic, right? Yes.
Points to Note:
1. Alibi is a defence open to anyone alleged to have committed a criminal offence.
2. Alibi means "elsewhere" i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged.
3. For Alibi to avail an accused person, the follow elements must be satisfied:
(i) He must raise the defence promptly immediately he is arrested and told the allegation against him.
(ii) He must give a detailed particularization of his whereabout on the day the offence is said to have been committed and this must include not only the people in whose company he was but also what transpired between them.
(iii) The police must have had ample time to investigate the accused person's plea of alibi.
4. Where the accused person fails to satisfy this three elements, the defence of alibi will not avail him. For example, an accused person that raises the defence of alibi or says he was not there for the first time in court would not be allowed to plead the defence.
5. The accused person will not be punished for the failure of the police to investigate the defence of alibi so long as he has raised the defence promptly.
6. The accused person must prove that he was indeed elsewhere and the proof is on the balance of probability and not beyond reasonable doubt.
It shows that the reason why the defence of alibi could not avail Michael Lads was because he raised it for the first time in court. Had he raised it immediately he was accused of stealing, informing the police he was in the United States to represent the University at a competition, he was in company of two of his colleagues and his lecturers and they can also call the organizers of the competition to confirm, he would most likely have been discharged and acquitted.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede
Follow on instagram: mylegaldiary

Engineer Yaw is a well-known man in the society especially for his dexterity in the electrification of newly constructed buildings. On the 3rd of July, 2015, he was awarded a contract worth N50,000,000 to ensure the electrification of the new ultra-modern poultry of Seun Oladele Farms Ltd. Upon the award of the contract, he approached Sudoku Electrical and Electronic Company Ltd to purchase the electrical materials to be used for the project. The total cost of the electrical materials Engineer Yaw ordered was N31,254,500 and he presented a Jarroy Bank cheque bearing the name "Engiyaw Electrical Company Limited" to cover the cost.
On the 6th of July, 2015, Mr. Klam, the Chief Accounting Officer of Sudoku Electrical and Electronic Company Ltd presented the Cheque at Jarroy Bank and he was greeted with the shock of his life; the Bank knows nothing about an account holder with the Account Name "Engiyaw Electrical Company Limited". It was later discovered that there was in fact no company bearing such name in existence.
Engineer Yaw has been arrested and the management of the company rest assured that he will face the wrath of the Law for engaging in "419". However, they have been having sleepless nights over how to recover the loss of the company.
Points to Note:
1. "Obtaining property by false pretence" is the obtaining of property by intentionally misrepresenting a past or existing facts. For instance, our own dear Yahoo boys falsely pretend to be what they're not and misrepresent themselves to their victims in order to obtain money and other valuables from them.
2. It is popularly referred to as "419" in casual usage because the offence is defined in Section 419 of the Criminal Code of Nigeria.
3. For a person to be guilty of obtaining by false pretence, the following elements must be proved:
(i) that there is a pretence;
(ii) that the pretence emanated from the accused person;
(iii) that the pretence was false;
(iv) that the accused person knows of its falsity or that he does not believe in its truth;
(v) that there was an intention to defraud;
(vi) that the thing was capable of being stolen;
(vii) that the accused person made the owner to transfer his own interest in the property;
4. If the accused person is found guilty of the offence of obtaining by false pretence, he will be punished accordingly with imprisonment; if the thing is of the value of one thousand naira or upwards, he is liable to imprisonment for seven year and it is immaterial that the thing is obtained or its delivery is induced through the medium of a contract induced by the false pretence.
5. However, this does not guarantee the recovery of the victim's loss even though there are new developments in this respect under the Nigerian Law.
6. It is therefore advisable for the victim to bring a separate civil suit for "conversion" to recover the property obtained by false pretence.
7. Conversion is an intentional tort in which one person “takes” someone else’s property by using or altering the property in a way that is inconsistent with the rights of the owner.
8. For the victim to succeed in an action for conversion, he must prove the following elements:
(i) the defendant took and/or changed his property somehow;
(ii) the change prevents or hinders him from using his property in some way; and
(iii) being unable to use the property the way he wanted caused damages to him.
9. Note, however, that the defendant need not physically take the property before he can be guilty or liable for obtaining by false pretence and conversion respectively. This shows why yahoo boys are often found guilty of obtaining by false pretence (419) even though the transaction is usually online.
It is therefore my advice for the management of Sudoku Electrical and Electronic Company Ltd to bring a separate action for conversion against Engineer Yaw to recover the goods he falsely obtained or, alternatively, the equivalent sum.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

Na to bookmark this and read later,this one no be here

E be like say na this guy write 2017 budget. Cos the entire 109 senators and 360 Reps no fit read am finish.

I agree with you #MrMcja

Since BBN is over we expect more of these educative posts on fp.




#Efenation.

OP..if a parent dies without doing a will..and he has only one house.....the three children he has are all claiming the house.. How will the law settle it?

Very educative and informative


Good job @op

This is the kind of thread that should be given front page at least twice every month.

hopefully i get admitted to study law this year

Oga Lawyer...I dey gbadun you o

Its like a legal classroom here.

Quite informative...