Interesting! Legal Diary: Legal Stories And Legal Opinions - Career (3) - Nairaland
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 2:48pm On Apr 13, 2017 |
Daboomb:By "legal marriage" I presume you meant "marriage contracted under the statute" (court wedding). You're correct, the wife is the beneficiary of the deceased's property but this is not the same under customary law where the wife/wives are merely onlookers while the children are the beneficiary. 2 Likes |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 5:48pm On Apr 14, 2017 |
Olo Egbokhare is the CEO of The Sugar Creek. They specialize in making all sorts of cakes to suit the taste of their customers. Although they are yet to be officially registered but to describe them as professionals with a touch of excellence would be an understatement. They have thrived in this aspect of business and they are well known with the business name "The Sugar Creek" worldwide especially for the tantalizing and unique tastes their cakes bear. I was not surprised when a friend of mine, Kingsley Chinedu Umadia called me from the Syracuse University, New York in the United States of America to ask me whether I've ever tasted The Sugar Creek Cakes and if not I should check them out on instagram @thesugarcreek. Sincerely, you can't have enough. They are patronized worldwide by event planners, professors, politicians, lawyers, doctors, consulting firms, multinational companies, government institutions, international organizations, amongst others. One of her latest work was the most talked about birthday cake of the Billionaire Businessman, Chief Kehinde Disu which is still threading on social media till today. On the 21st of March 2017, a new building was unveiled at Church Street, Ibadan to the anticipation of quite a number of Ibadan residents. Before then, everybody in the locality had been wondering what the amazing building was meant for and the best people could do was to venture guesses. The building turned out to be a confectionery with the inscription "Sugar Cracks Ltd" and the image of all sorts of snacks including varieties of cakes. The attention of Olo Egbokhare was drawn to this new business when her colleague back then in the University, Temiloluwa Popoola, who is now an International Television Presenter called her out on air to congratulate her on the opening of her new and sophisticated office. She was dumbfounded and she instructed me to write to the owners of "Sugar Cracks Ltd", sounding a note of warning to them to desist from using a name similar to her business name, prevent them from confusing her customers and causing harm to her business. Their reply was hinged on the sole point that "The Sugar Creek" is not registered while "Sugar Cracks Ltd" is a registered trademark. Olo Egbohare seeks to know whether there is any way out. Points to Note: 1. Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. In most cases, the cost of Intellectual property protection is high especially when a worldwide protection is sought. 2. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. IP law seeks to strike a balance between the interests of innovators and the wider public interest. 3. The aim of an IP system is to foster an environment in which creativity and innovation can flourish. It is a common misconception, however, that protection only arises when a registration of a particular intellectual property right is successfully achieved. Hence, the need to understand the difference between "trademark" and "passing off". 4. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises or competitors and is capable of registration at the Intellectual Property Office. When your innovation is registered, you have exclusive rights to use the trademark and can take legal action against any person or persons who use, in the course of their business (and without your consent), a sign which is identical or similar to your trademark. 5. However, if you do not register your trademark and someone uses your mark without your permission, you may still be able to claim relief through the common law action of “passing off”. 6. For you to successfully bring a passing off action, you must prove the following elements: (i) You are trading in the goods and services which the mark applies to, as only traders who have generated goodwill can bring a passing off action; (ii) the public associate your mark with the goods you produce, or the services you provide; (iii)you have built up a reputation in the goods and services, and goodwill is attached to the mark; (iv) a third party has made misrepresentations to the public, whether intentionally or not, leading, or likely to lead the public, to believe that the goods or services offered to them are your goods or services; and (v) this has caused damage to the goodwill in your business. 7. Note, however, that it can be difficult and expensive to prove a passing off action due to the evidential burden of proof placed upon the owner of the trademark. It nevertheless remains a course of action open to owners of unregistered trademarks but it is advisable for your trademark to be registered. It can be safely concluded that Olo Egbokhare can bring an action under the tort of "passing off" to challenge "Sugar Cracks Ltd" for passing off her goods and services as that of "The Sugar Creek". However, it would have been much more easier if her business name "The Sugar Creek" had been registered as a trademark. We will pursue the action but I'm still of the firm opinion that she should duly register her "The Sugar Creek" as a trademark. MY LEGAL DIARY Joseph Jagunmolu Ogunmodede 4 Likes 1 Share
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Electroweb(m): 8:16am On Apr 15, 2017 |
Withambition: Oh ok. Thanks. 1 Like |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by josiahriches(m): 9:08am On Apr 15, 2017 |
Op, I will like to send you a private question. |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 10:23pm On Apr 15, 2017 |
josiahriches:my.legaldiary@gmail.com |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Topkush: 10:43am On Apr 19, 2017 |
Withambition: What of football transfer contracts, where B sells a player A, and insert a clause not to sell to R. How does this work. Nice work op 2 Likes |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 12:04am On Apr 22, 2017 |
Topkush:That is quite different. A and B are parties to the agreement; if A sells the player to R, B can sue A for breach of contract but cannot sue R for buying the player. This is because R is not a party to the contract. 2 Likes |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 12:05am On Apr 22, 2017 |
Lucy & Co Nigeria Limited is a limited liability company incorporated under the Nigerian Law. On the 26th day of September, 2016, it entered into a contract for the supply of laboratory equipment to Taiwo Abosede Scientific Laboratory at the sum of N50, 000,000. On the 8th day of December, 2016, the Manager Director of Lucy & Co. Nigeria Limited, Engr. Akinniyi Omowaye received the contract sum. However, he decided to invest it in another business which he was told would yield fruits in less than 6months after the investment before using the principal sum to procure the required equipment. Unfortunately, his expectation was not met and he couldn't fulfil the terms of the contract entered into with Taiwo Abosede Scentific Laboratory. The management of the laboratory decided to institute an action again Lucy & Co. Nigeria Limited but it was discovered that the company's financial strength would not be sufficient to cater for the repayment of the money to the Laboratory. On the 25th of December, 2016 was another wonderful Christmas day as usual in the castle of Dr. Abosede Taiwo. However, her friend Eroh Ayansanwo noticed she was not as lively as she used to be. "Ha! Bose my friend that can dance for African is now looking like fish? What must have happened?", he wondered. He decided to ask her out of concern and he came to know of the incident including the fact that they had sued the company already. "But why is it the company you're suing not the owner? I could remember Rashford Partners did something similar to me and it was the owners we sued.", She explained. They were still on the argument of the right party to sue when Dr. 'Tola Ogunjobi, Dr. Taiwo's personal doctor entered. She listened to their discussion and heard them mention Engr. Omowaye. "That name rings a bell. Oh! My friend, Dr. Sosan and the guy used to tease themselves on one whatsapp page like that. I heard the guy is worth over N70,000,000 now", she said. Hardly had she completed her statement than Dr. Taiwo shouted "What! You mean it? That fraudulent man must pay my money". I've been asked to look for a way to collect the money from Engr. Omowaye since Lucy & Co Nigeria Ltd is not in the best position to pay. Points to Note: 1. A "company" has various meaning and can be used in different ways. In this context, it is a legal entity, allowed by legislation, which permits a group of people, as shareholders, to apply to the government for an independent organization to be created. 2. A company is a corporate legal person and its distinct feature is that it is a separate and distinct person from those that constitute the company. Although it has neither a body, mind nor soul but it acts through human minds called "directors". 3. It can focus on pursuing set objectives, and empowered with legal rights which are usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money. 4. In a partnership, the members "associate" i.e, they form collectively an association in which they all participate, as a rule, in management and sharing the profit. 5. Note that while the liability of partners is unlimited, the liability of members of a company/shareholders are limited to the amount they invest in the company. For example, the partners may have to sell their properties including their shoes and bags to pay the debt of the partnership while members of a limited liability company, for example, only lose the money they invest in the company. The company itself, the artificial legal person, is always fully liable. 6. For the purpose of clarity, the member's liability for the debt of the company is usually limited to the amount unpaid on his shares. Thus, if he buys 1000 Shares at N100 per share, and pay up N50 on each share, he has paid up N50,000 and can be made to pay another N50,000, but cannot be made to pay more than N100,000 in all even if the company does not have enough asset to pay its debt. 7. Apart from the fact that a company is an independent legal personality and it has limited liability, a corporation is not subject to the "death of the natural body". For example, Steve Jobs has passed on but his Apple lives on.  8. A company like a human person may not have enough assets to pay its debts. In such a case, it will then be dissolved while the human person in such a case would be made bankrupt. This process is regarded as the "winding up" of the company. 9. Note that the fact that a company is a separate legal entity on its own and is fully liable does not mean human beings can hide behind it to perpetrate evil. When a company of incorporated, it gets the "veil of incorporation". The effect of this principle is that there is a fictional veil between the company and its members that makes them. 10. However, in a number of circumstances, the Court will pierce the corporate veil or will ignore the corporate veil to reach the person behind the veil or to reveal the true form and character of the concerned company. This is called the doctrine of "lifting the veil of incorporation" 12. As stated earlier, the rationale behind this is probably that the law will not allow the corporate form to be misused or abused. In those circumstances in which the Court feels that the corporate form is being misused it will rip through the corporate veil and expose its true character and nature. In short, the human minds acting for the company i.e. "the directors" will now be personally liable. 13. The court of law will lift the veil of incorporation, for example, where there has been fraud, agency, unfairness, holding company etc From the above points, one can see that Lucy & Co. Nigeria Limited, and not the owners, was sued because it is a separate legal person. On the other hand, the owners of Rashford Partners were sued because they are the same with the firm. Also, since Engr. Omowaye was fraudulent and Lucy & Co Nigeria Ltd is currently financially bankrupt, the veil of incorporation can be lifted. The implication of this is that the Laboratory will sue Engr. Omowaye directly and claim the money. MY LEGAL DIARY Joseph Jagunmolu Ogunmodede 1 Share
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 7:29pm On Apr 23, 2017 |
On the 22nd day of April, 2017, I received a thoughful message on the Whatsapp Group of "MY LEGAL DIARY". Mr. Oladimeji Fatona, an excellent Electrical & Electronics Engineering Graduate from the University of Ibadan asked an intelligent question after his observation from some Tech Movies that lawyers seem to charge a lot. He made specific reference to a case where a Law Firm demanded Legal Fees amounting to 2.5million dollars to represent a Tech Company that was sued for intellectual property theft after receiving 5 million dollars in funding for a project. He also asked whether there is a way such cost can be reduced. MY OPINION Dear Dimeji Fatona, I'm glad you brought up this question. The first time I came across an issue like this was on the Internet where someone queried "Why do lawyers charge heavily? They are not like tech companies so, why should they be making much money like that?" Permit me to say, legal advice/services are at the foundation of every successful business irrespective of the area of interest. Put differently, a person, human or corporate, can lose all he has laboured for all his life within a twinkle of an eye if he slacks in the legal arena. There are several factors that can result in heavy billings but I will explore some while my bosses will fill in the gaps. Firstly, the method or structure of charging the fees can result in the high cost. For example, some firms bill such tech companies you mentioned hourly. There is no doubt that the briefs of most of those tech companies require constant research/finding and it's as if the lawyer is an employee of the company; the work keeps going on day-by-day. More so, they are aware most of the companies can afford the cost. Secondly, the prestige, or at least the size, of the firm may also make the client to incur heavy legal cost. You will agree with me that this is expected. The popular saying "two heads are better than one" applies in this instance. I know some firms that have over 50 lawyers and everyone is expected to sit down in meetings regularly to provide the optimum solution to your legal issues. Where will the firm get the money to pay all the lawyers if not the fees the clients pay? So, their idea is this: if you want the best, you pay the best! Thirdly, the area of Law involved or the type of legal service required may attract heavy costs because specialists might sometimes be needed, as is the case with intellectual property, capital market, oil and gas, maritime etc. In fact, even for the lawyers, it requires a high cost to acquire knowledge and expertise in most of these specialization. For example, in respect of the firm that charged 2.5million dollars as legal fees to service a business that was sued for intellectual property theft after receiving 5 million dollars in funding, it requires many technicalities which will cost the firm money, expert witness(es) will most likely be required, it will consume a lot of time and energy, and the firm knows the implication of being found liable may be payment of billions of Dollars as damages aside from the likelihood of forfeiture of the intellectual property involved. Fourthly, the location may also push up legal fees. This includes both the location of the firm and the location in which the legal service is required to be carried out. For example, the rent and transportation costs in Abuja is not the same as that in Sagamu, right? Therefore, it is reasonably expected that the legal fees in the former will be higher than that charged in the latter. Don't be surprised if a Sagamu-based lawyer bills heavily for a legal service that is to be carried out in Abuja or even Lagos. On a fifth note, the experience of the lawyer usually also determines the legal fees. A lawyer with over 30years of experience and a high level of expertise in some areas of law will most likely bill more than a lawyer that graduated from the Law School two years ago. This should not be strange to you. You can't expect Prof. Yemi Osinbajo SAN to charge the same fee a "new wig" will charge! I could remember my Principal told me how excellent he is while they were in the University of Lagos and I heard from another source that he lectures the Law of Evidence(a course the prevents so many budding lawyers from obtaining the minimum 40% they need to graduate) offhand. All these and his experience as a former Attorney General of Lagos State will affect the legal fees he charges. In conclusion, the amount charged by lawyers is a question that has been lingering in the mind of many with great curiosity especially when they're thinking of hiring one. Note, however, there is no hard and fast rule to this. For example, the legal opinions on "MY LEGAL DIARY" are given free of charge because I have the conviction to do so. If I'm to provide such legal services to some of your foreign tech companies, for instance, I may have to charge over $10,000 for some. On the question of how it can be reduced, the Rules of Professional Conduct for Legal Practitioners has been the friends of our clients by prescribing the maximum sum of 10% on the value of the case. I also noticed that personal relationship helps to reduce the financial burden of such legal services though it is not in your interest to obtain such services free of charge. Lastly, depending of the type or business of the company, retainership may also help to reduce the cost. NB: This is strictly my view! Warm regards, Joseph Jagunmolu Ogunmodede 1 Like 1 Share
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 4:22pm On Apr 28, 2017 |
Toyin Dada is a Final Year Student of the Federal University of Technology, Akure. Apart from being an excellent student of the Department of Agricultural Engineering, she is well known as an advocate for the rights of women and children. Just a week before she resumed for her final academic session in the institution, she decided to get a befitting apartment for herself off-campus to minimize distraction. She needed the maximum concentration for her academics and particularly, her final year project. Just about 4weeks after resumption, one of her Lecturers, Professor Babatunde Abiodun instructed them to prepare for a short test on the 31st day of May, 2016 as part of their continuous assessment. She reached an agreement with her friend, Jumoke that the latter will come to her house and both of them would study overnight for the test. On the 30th day of May, 2016, both of them were already at the reading table when they decided to take garri before commencing their preparation. Meanwhile, Evangelist Folake Jolaoso had just established a church right behind Toyin's apartment. At exactly 10pm that same day, they heard an announcement from the magic speakers hung on the Church roof just opposite Toyin's window, "Praise the Lord! We are starting the vigil now! Let somebody shout Hallelujah!". During the vigil, the noise from the speakers was to much for Toyin and Jumoke to study. At a point, Jumoke couldn't take it any longer and she screamed, "What is all these for God sake! So, someone cannot read in peace again?". Amidst these disturbances, they slept off and were woken up by the large sound of the megaphone used during the call to prayer by the mosque beside the apartment. "To read, problem. To sleep, wahala. And Toyin will be forming one activist, activist that cannot fight for herself", Jumoke complained. Toyin has been since then been thinking about this nuisance and she requested that both the church and the mosque be sued. Points to note: 1. In Law, nuisance is any conduct that interferes with the convenience and comfort of the public or any section of it. In other words, anything that unlawfully works hurt, inconvenience or damage is nuisance. 2. The purpose of the law of nuisance is that "one person should so use his property as not to injure his neighbours". 3. There are two (2) types of nuisance as follows: (i) Public nuisance (ii) Private nuisance 4. A public nuisance is committed when a person carries out harmful activity which affects the general public or a section of it. For example, where an obstruction is cause on a public highway. NB: Public nuisance is basically a crime and, generally, only the Attorney-General can sue for such. 5. An individual can only such for public nuisance if he can prove that the defendant's conduct has caused him "particular damage" over and above that suffered by the general public. He must show he suffered damage which is different in kind, not merely in degree, from that suffered by the general public. 6. A good example of "particular damage" is where the defendant's blocking of a public street interfered with the access of staff, parents and pupils to Savage Model School. In essence, apart from the general road blockage experienced by everyone, it is also causing low enrolment of students in the school. 7. Private nuisance, on the other hand, is an unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it. For example, if the sewage water from your house is going into another person's compound. 8. The aim of the law on private nuisance is to strike a balance between the right of one person to use his land as he wishes, and the right of the other person to be protected from interference with his enjoyment of land. 9. In order to strike this balance, two main requirements have been developed: (i) The injury or interference complained of must be (a) sensible {in the case of material damage to land} (b) substantial {in the case of interference with the enjoyment of land} (ii) The conduct of the defendant must be unreasonable in that circumstances. 10. Note that nuisance is one of the exceptions to the rule that malice is not relevant in tort law. For example, there was a case it was decided that the defendant was deliberately creating a noise in order to frustrate the claimants. 11. There are defences to nuisance such an "Act of God". There is also the 20-year prescription rule, whereby if a private nuisance continues for 20 years, it becomes legal so long as the defendant can show it has been continuous and the claimant has been aware. Statutory authority is also a defence; if activity has been authorised by legislation, this defends it from causing a public or private nuisance. 12. Three remedies are possible when it comes to nuisance: (i)injunctions: an order to stop the nuisance. (ii) damages: obviously money paid by the defendant to the claimant for the damage. (iii)abatement: this allows the claimant to directly end the nuisance, such rebuilding a demolished fence. From the Law, Toyin is complaining of public nuisance which can only be actionable by the Attorney-General except she can prove "particular damage". You think her inability to read is the particular damage? There are some of other students in that area who studied during the noise and passed. If you're Toyin? What "particular damage" would you say you've suffered? MY LEGAL DIARY Joseph Jagunmolu Ogunmodede 2 Likes 3 Shares
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Nobody: 4:32pm On Apr 28, 2017 |
this is going to be helpful ...i see more of contract cases there. keep it up 1 Like |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 7:51pm On Apr 28, 2017 |
Whynah:Thank you so much. There is more of contract cases because contract lies at the foundation of many's legal issues. Please, share with others. 1 Like |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 3:15pm On May 01, 2017 |
On Saturday, 29th day of April, 2017. Omolola Oladipo shared her legal story with me. Omolola is a fresh graduate of the University of Ibadan and works with a popular media house in Osun state. She wrote: Hello Joseph, I have a case here to share with your readers and to ask legal minds the way forward. I took a bike yesterday and during the journey there was this private car that kept on blocking our movement. The bike man noticed the driver and his passengers were busy talking whereas delaying our movement. We got to a junction the bike man got fed up and asked them, "which way are you going to?" The next thing was a drama, 2 guys came out of the car brought out wires and started beating the bike man, he lost stability, the bike fell and I fell as well. Despise the fact that my leg was bleeding these people continued beating the bike man. Eventually, street people intervened and helped the guy out. These guys later came to me, introduced themselves as soldiers and asked me to forgive them that their target was the bike man. I explained to them that he only asked which way they are going to and the man replied, "who is the bloody civilian to ask where I am going to?" At this point I started questioning my self, what powers do soldiers have? Are they above the law? Do they have right to beat up civilians anyhow? Have heard several cases of soldiers shooting commercial drivers or people just because they are angry. Yesterday I experienced one and I'm yet to get over it. MY OPINION Dear Omolola, Sorry about the unwholesome incident. I sincerely empathize with you. Please, ensure you take good care of yourself. Now to the question on whether the military men have a right to engage in such unscrupulous acts against a civilian. Generally, the function of the Nigerian Army is to defend the territory and frontiers of Nigeria; they are meant to "wage war" in the defence of the country. Unfortunately, the issue of military men victimizing the common man has been a convention and consequently, it is gradually being viewed as a normal act. It is not normal! Most of their acts in this respect amounts to a violation of the fundamental human rights of innocent Nigerian citizens. The incident of some Nigerian soldiers beating up an innocent motorcyclist which they regard as "a bloody civilian" may not be new to many. In fact, some might have seen or experience worse cases than that. However, among other things, it amounts a violation of the victims right to dignity of human persons. Section 34 of the Constitution provides that Every person is entitled to the dignity his/her person and no one shall be subjected to torture, inhuman or degrading treatment. Therefore, flogging or beating of any person by another for any reason is unconstitutional and any form of torture by any means is unlawful except of course it is according to law e.g. the punishment for a criminal offence. Alhaja Abibatu Mogaji, the Late mother of Asiwaju Bola Tinubu who was then the Iyaloja of Lagos once took up a similar case against the Nigerian Custom Service. The plaintiffs who were market women, instituted an action for the enforcement of their fundamental rights against the respondents. The grievance of the plaintiffs was that their shops were raided and their goods were seized by Customs Officers assisted by policemen without due process. In the process, they used horse whips and tear gas on some of the market women. The allegation of the Customs Officers that the raid was born out of the suspicion that the goods contained in the shops were contrabands did not deter the court from finding for the plaintiffs that the said raid was in violation of the plaintiff's rights to privacy and dignity of human persons. The question is this; how many civilians are ready to prosecute such cases? Apart from the view of many that it is a waste of time, the average Nigerian man will rather use his money to feed himself rather than to claim any right. I won't blame them because we all know what the economy is saying nowadays. However, the National Human Rights Commission (NHRC) seems to have come to the people's rescue. Just pick the Name and Force Number of such Officer and report. The Commission encourages victims of torture to promptly report such incidents to the appropriate quarters and, if it is possible, a hospital treatment on record should be obtained as well as photograph of the evidence of torture. The reason for this is not far-fetched. Establishing torture or degrading treatment once the wounds inflicted have healed is not an easy task. There are also some NGOs that helps such victims to get justice. Depending on the availability of resources, a civil suit can also be instituted against such a 'victimizer' in an action for battery, assault and false imprisonment, as the case may be. This is to enable the victim claim damages amounting, in most cases, to millions upon the success of the case. Just this month of April, 2017, A Federal High Court in Lagos declare void the power of the Federal Road Safety Corps (FRSC) to impose fines on motorists for traffic offences and awarded damages of 1 million naira to the Claimant, Mr. Tope Alabi for the unlawful confiscation of his car. At this point, it is pertinent to say that some civilians encourage the brutal acts of such military men. This is one of the reasons why Nigeria has generally become a ground for oppression and impunity by uniformed men. It's so unreasonable to the extent that even a security man in uniform at a supermarket threatens customers. I once met a landlord who planned to use soldiers to forcefully evict his unyielding tenant and I began wonder when the man's house became Sambisa forest. This is not their responsibility; they are to defend the territories and frontiers of Nigeria, I repeat! You may be a victim tomorrow. Note also that that the Military man of today was once a civilian. If they have the wrong orientation before entering the Nigerian Armed Forces, it may be difficult for them to change such thereafter. Nigerians need to be enlightened on issues like this and you as a media personnel alongside your colleagues also have a prominent role to play in this. With the help of the Press, information on such ill-treatments can get to the appropriate quarters and the involved soldier(s) can receive the heavy knock of the Law after being appropriately tried in the Court Martial. Injustice to one is injustice to all! As Marthin Luther King Jnr said, "Injustice anywhere is a threat to justice everywhere". MY LEGAL DIARY Joseph Jagunmolu Ogunmodede 1 Like 1 Share
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 6:16pm On May 05, 2017 |
On the 20th day of April, 2015, Chief Sam Ijaola bought a parcel of land from J.J. Nigeria Limited, a Real Estate Company for a sum of Ten Million Naira Only (N10,000,000). This was in furtherance of his plan to build his own office complex for his Accounting Firm, *The Account Pavilion* which has gained international reputation overtime. On the 8th day of August, 2015, he laid the foundation of the proposed skyscraper which was to sit conveniently on the acre of land he purchased and immediately ensured the full commencement of the building construction. Chief Ijaola informed the building contractor, Engr. Timothy Okonkwo of his desire to complete the project as soon as possible with emphasis on the need to speed up the construction process. On the 9th day of September, 2015, the building was formally dedicated to the glory of God and for the advancement of the Accounting Profession of The Account Pavilion. The house warming which was quite sophisticated had in attendance important dignitaries such as the State Governor. On the following day, Chief Ijaola was travelling down to his new office complex when he saw caterpillars and bulldozers demolishing some houses just about 20kilometers to his office. "Truly, they need to demolish these old houses. It's long overdue and we need development", he said. Upon getting to his office complex, he noticed the building was marked with red paint and was left wondering. He entered his office with his confused mind and his secretary wasted no time in handing him a letter sent from the office of the Commissioner for Land Matters. He opened the letter eagerly and discovered his building complex was marked for demolition to make room for the road expansion which is part of the 5 Cardinal Points Programme of the State Governor. Chief Ijaola was shocked when he received notice of the compulsory acquisition and he reacted "I can't take this! I will sue this government!! How can I spend over Two Hundred and Seventy Million Naira (N270,000,000) on a building and one stupid authority will be saying they want to demolish it." Chief Ijaola has sought my legal advice and I don't think I'm hesitant to tell him the truth. Points to Note 1. Under the Nigerian Law, land is vested in the Governor to hold the land and administer same, for the use and common good and benefits of all Nigerians. In other words, the land is not vested in the Governor as an individual but rather to the office of the Governor. 2. Based on the foregoing, the Governor has the right to give leases to interested persons. This means people don't have ownership of land in Nigeria but they often hold leases granted (usually for a maximum period of 99years) by the government. 3. The Governor remains the only Landlord of all the lands in Nigeria and he has the power to allot same to persons in form of "Rights of occupancy" through a Certificate of Occupancy (C-of-O) issued to the interested persons. 4. The foregoing is the reason why there is nothing like "Certificate of Ownership" in Nigeria. The government leases the lands to persons who pay rents and such persons cannot validly sell, lease, mortgage or sublet such land except with the consent of the Governor. Apparently, the Governor wields enormous power in respect of the land. 5. One of the power of the Governor in respect of the land is the power of Compulsory Acquisition, demolition or conversion of property and the take-over of such land. 6. Although Nigeria citizens have the fundamental human right to own immovable properties such as land, this is one of the circumstances in which their individual rights will give way to public rights. This means for the government to validly acquire such land, the acquisition must be for "overriding public interest". 7. For the purpose of clarity, "overriding public interest" arises in the following circumstances: (i) where a statutory right of occupancy holder sells, mortgages, transfers or alienate his title to the land without the prior consent of the Governor being had and obtained as prescribed by law. (ii) where there is a requirement of land by the Federal or State Government for "public purposes" such as for construction of roads, hospitals, market, agriculture, mining etc 8. This means it is illegal for a Governor to take land from one person and grant same to another person for the latter's private/personal use. For example, a Governor that acquired land and granted it to his friend to build his personal house was successfully sued for illegal acquisition. 9. It is a constitutional right that where there has been a compulsory acquisition of land, there must be prompt payment of compensation on the said land/property. Note, however that compensation is paid only for loss of surface right i.e. for things on the land such as buildings, crops, trees or any other improvements made on the land and not for the land itself. Remember, the land belongs to the government. 10. For a land to be properly acquired, the Governor must give "NOTICE" to the statutory holder of a right of occupancy and the notice must state expressly that the land is required for public purpose. The effect of such notice is that it revokes the "right of occupancy" granted earlier on. 11. For a person to be entitled to compensation, he must have a statutory right of occupancy i.e. he must have been lawfully granted lease of the land by the government. Squatters cannot claim compensation because a person cannot benefit from his own illegality. 12. Where a person's land has been illegally acquired or where there is no prompt payment of compensation after a valid acquisition, such a person has a right to sue and claim his right. My advice for Chief Sam Ijaola is that he should accept his fate and let his focus be on how to claim the compensation he is entitled to. Had it been he had told me before embarking on the project, we could have conducted a search in the Ministry of Lands to ensure the land did not fall under government acquisition even before he bought the land. MY LEGAL DIARY Joseph Jagunmolu Ogunmodede 1 Like 2 Shares
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 10:08pm On May 12, 2017 |
Mr. Daniels is a Director in the Infrastructures and Development Department of the Federal Ministry of Education. He is responsible for the proper maintenance of infrastructures in the educational institutions owned by the Federal Government. On the 12th day of June, 2015, his Department put up an advertisement in THE PAGE Newspaper for "Invitation to Tender Construction Proposal". The Department was receiving proposals from interested and qualified building contractors for the construction of new blocks of classroom in the Federal Government primary and secondary schools. On the 20th of December, 2015, Mr. Johnson who discovered his name did not appear on the list of approved contractors approached the department to ask why his company was not successful. He was lucky to have met the Director, Mr. Daniels who told him expressly, "Well, Mr. Johnson, you're the architect of your own misfortune. Why would you write a proposal to build classrooms that will last for over 10years before the need for rehabilitation? If you do that, what do you want other contractors to eat for the period of that 10years?". Mr. Johnson was highly dumbfounded and resolved in his mind that he was going to report the case to the Permanent Secretary, Dr. Reginald who is his very close friend. On his way to the office of Dr. Reginald, Mr. Johnson passed by two(2) junior civil servants who were discussing on the subject-matter. Faintly, he heard the comment of one of them "You can't believe Mr. Daniels collected 10 percent of the contract sum from each of those contractors. In fact, that was the basis on which he awarded the contracts." All these he relayed to Dr. Reginald who could not help but report the case to the Minister. On the following day, Mr. Daniels received a letter of termination of his employment on the ground of gross misconduct to wit collection of bribe and betrayal of public trust. Mr. Daniels is curious to know the validity of his retrenchment. [b]Points to Not[/b]e 1. The principle of fair hearing is an integral part of the doctrine of natural justice, a principle of law that concerns procedural fairness and ensures a fair decision is reached by an objective decision maker. 2. The right to fair hearing is constitutionally guaranteed in both civil and criminal cases. In civil cases, "in the determination of his civil rights and obligations including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a Court or tribunal and constituted in such a manner as to secure its independence and impartiality". Section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria 3. In criminal cases, "whenever anybody is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to fair hearing in public within a reasonable time by a Court or Tribunal.". Section 36(4) of the 1999 Constitution of the Federal Republic of Nigeria 4. There are two major pillars of the principle of natural justice as follows: (i) Audi alteram partem (hear both parties) (ii) Nemo judex in causa sua (no one should be a judge in his own cause). 5. Audi alteram partem means that "hear the other side or, better still, "nobody should be condemned unheard". Even God still heard from Adam and Eve after they disobeyed him in the Garden of Eden. Justice Oputa, Justice of the Supreme Court (as he then was) is reputed to have said "God gave us two ears so we can hear both sides". 6. Nemo judex in causa sua means "no one should be a judge in his own cause" i.e. the judge must not have any vested interest in the cause or be related to the parties in the cause. This is to ensure disciplinary actions is free and unbias. The test is whether a man of ordinary prudence would have a feeling of bias. 7. These principles are now well settled and they are summarily as follows: (i) That every person whose civil rights are affected, must have a reasonable notice of the case he has to against him; (ii) That he must have reasonable opportunity of being heard in his defence; (iii) That the hearing must be by an impartial court/tribunal; (iv) That the authority must act in good faith and not arbitrarily; (v) The order should be a speaking order. With this, it can be said that Mr. Daniels was denied his fundamental right to fair hearing in the disciplinary action meted out to him. He should have been given notice of his offence, an opportunity to defend himself and, in the process, members of the panel who are to determine his fate must not have any vested interest in the cause. MY LEGAL DIARY Joseph Jagunmolu Ogunmodede 2 Likes 2 Shares
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by chokovirus: 11:57am On May 18, 2017 |
Withambition: 1 Like |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 9:25am On May 20, 2017 |
"You are not different from a murderer! In fact, the armed robbers holding guns on the road are not as deadly as you are!! Kill all of us then!!!" Those were the words of Madam Ezinne Eke screaming at Mr. Samson Soneye, the owner of a local pesticide factory in Bida community where she lives. Mr. Abubakar Lawal was woken up by this shout very early on monday morning around 6:30 am. He couldn't help but go downstairs to see what was really happening. Upon Mr. Lawal's arrival at the scene of the quarrel, Mr. Soneye asked him to help inquire from Madam Eke why she woke up very early in the morning just to attack him. "She even called me a murderer. Help me ask her how many of her family members I have killed. When did she see me with a gun or any other weapon?". Mr. Soneye complained. {confused}. Hardly had he completed his statement than Madam Eke cut in, "I stand on my words. You're to be feared more than a murderer! I should wait until you kill all my family members, right? See this man, he has been polluting the whole environment with poisonous substances from his pesticide factory. We've always ignored the noise and fumes from the generator and other plants in the factory but he seemed to be bent on killing all of us". Mr. Lawal, who wasn't sure he understood what she was saying asked, "but how can that be? I think you should be happy that there is a pesticide factory close by; our children can get jobs easily". Madam Eke looked at both of scornfully and responded, "What jobs are you talking about? The ones they won't wait to do? Just last week, I noticed the water from our well was having a taste and I began to feel uneasy. I had to take some to Dr. Tolu Adeosun, the popular Chemist to help me test the water. Mr. Lawal, we have been drinking water containing abamectin, acephate, acetamiprid, allethrin, arsenic trioxide among other chemicals. Tell me he is not ready to kill us". Mr. Lawal has been wondering why Madam Eke insisted that the Mr. Soneye is a murderer. Points to Note: 1. The Nigerian Constitution guarantees every citizen of Nigeria fundamental human rights. See Chapter IV of 1999 Constitution. 2. The constitution provides that Every person has a right to life and no one shall be deprived intentionally of his life except in the execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria. See Section 33 of 1999 Constitution. 3. Right to clean and healthy environment is provided for in the Nigerian Constitution and the state is to protect and improve the environment and safeguard the water, air and land, forest and wide life of Nigeria. However, this right is non-justiciable i.e. it cannot be enforced. See Section 20 of 1999 Constitution 4. Note, however, that some aspects of environmental rights, especially the right to clean, healthy and poison-free environment have been recognised as being part of universally recognised right to life. See Jonathan Gbemre v Shell Petroleum Development Company. {FHC/CS/B/153/2005} 5. The reason for the foregoing is not far-fetched. It is based on the reasoning that a person will only be able to enjoy life if he is living in a clean and healthy environment. For instance, cases abound in the news of death of persons and families caused by suffocation from generator fumes. 6. The international community recognises that man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. See Stockholm Declaration, 1972. 7. Therefore, any human action that is unfavourable the human environment amounts to a threat to the life of people and a violation of the fundamental human right to life among other rights of members of the society. For example, the act of dumping refuse in drainages, by the roadsides and other indiscriminate places is a threat to life because it can cause flooding, water-borne diseases etc. 8. Acts amounting to threats to the environment noticed in any vicinity can be reported to the relevant environmental bodies such as the Ministry of Environment, National Environmental Standards Regulatory and Enforcement Agency (NESREA) etc 9. In summary, a threat to the environment is a threat to the life and existence of humanity. The environment comprises the surroundings or conditions in which a person, animal, or plant lives or operates; the natural world, as a whole or in a particular geographical area, especially as affected by human activity. Let's keep our environment clean and not be a killer. The foregoing points shows clearly why Madam Ezinne Eke stood her ground that Mr. Soneye is worse than a murderer because the contamination of the well by chemical substances which escaped from his pesticide factory can kill many human beings and other creatures that drink from it. I'm also in doubt that the Pesticide factory was established in line with the law because the Environmental Impact Assessment Act and the relevant Urban and Regional Planning Laws would not have allowed such a factory in a residential area. THE LEGAL DIARY Joseph Jagunmolu Ogunmodede 1 Like 1 Share
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Daboomb: 4:36am On May 24, 2017 |
chokovirus: Let us break it down a little: The Quit Notice is an intention to recover possession of the said property, by the Landlord, at the prescribed time, as guided by the Tenancy law. We can assume that it is the Landlord that gives Quit Notice (though, a tenant on Contract, can also give notice of "intention to surrender" the property, to the owner). So, the Landlord usually tells the tenant he wants to take possession is six months time, to allow the tenant seek alternative accommodation and in-line with laid down tenancy laws. Under this scenario, the tenant is obliged to still continue to pay for his rent, as at when due (if paying monthly) within the Notice period. if he is paying yearly, it is assumed that he has paid for the Rent in arrears, which covers the duration of the Notice as well (wherein the landlord serves the Notice, six months to the expiry of his yearly rent), otherwise he will pay for the six months and at the end of which, he vacates the property. Such tenant is always liable for the rent, during the Notice period. Let us assume for the sake of explanation, that it was the tenant that "wilfully" gave notice to surrender the accommodation in six months time. But before the end of six months (in three months), he actually surrenders the accommodation. Surrendering the rent earlier than "promised", will not attract any cost since the rent was not under "contract" for six months. This s not a CONTRACT since it lacks all the essential elements of a contract (offer, acceptance and consideration). That is, the tenant cannot be made to pay for the additional three months he has not stayed in the house (by virtue of leaving earlier than said). This is different from a situation where there was a "Contract" to let the place for six months (offer made, offer accepted and payment/consideration exchanged hands) and the tenant, suddenly decides to leave before the contract period ends (within three months) thereby leaving the owner in the lurch, so to speak! In this case, the owner is at liberty to recoup the cost for the full six months, as contracted between the two. 4 Likes 1 Share |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 10:43pm On May 26, 2017 |
The Lagos-Ibadan was so clumsy this very morning. Mr. Israel Atoki was rushing down from Ibadan to the Redemption Camp along Lagos where the Choir invited him to beat the drums at the 48hours praise Service. He had dozed off in the bus when the siren being blasted by a patrol van in the convoy of the Commissioner of Police woke him up. The patrol van attempted to overtake the bus Mr. Atoki boarded when it faced an oncoming trailer with a heavy speed on the other side of the road. The driver of the patrol van almost lost control and broke the side mirror of the bus whilst trying to avoid a fatal accident. Within a twinkle of an eye, one of the policemen jumped down from the patrol van. "Mr. Man! Come down!! You must be mad!!! I don't know why you bloody fools don't have respect for constituted authorities", he shouted while pointing at Mr. Atoki. Everybody in the bus was still trying to understand what was happening when he hit the windscreen close to Mr. Atoki with a stick. He was so scared to the extent that he thought he had lost his mind. The grievance of the policeman was that Mr. Atoki was looking at them contemptuously because they almost had an accident instead of praying for them. Mr. Atoki apologised to the policeman that he meant no harm but took down his Name and Force Number. "I won't lose my focus because of them but I will teach the Nigerian Police Force and, in particular, that policeman a lesson". Mr. Atoki sworn. People in the bus wondered what he was going to do; the stick did not even touch him and the bus driver did not complain about his broken windscreen. Points to Note: 1. A trespass(wrong) can be committed against a person in any of the following forms: (i) Battery (ii) Assault (iii) False imprisonment. NB: Battery and Assault are of relevance in this instance. 2. Battery is the intentional and direct application of force to another person. For example, hitting another person with a stone may amount to battery. 3. Assault is an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of a battery on him. In other words, the "fear" caused to the person is the assault. 4. To establish a case for battery, the following elements must be proven: (i) an act by a defendant; (ii) an intent to cause harmful or offensive contact on the part of the defendant; and (iii) harmful or offensive contact to the plaintiff. (5) To establish a case for assault, the following elements must be proven: (i) intent- that the defendant had the intention. (ii) apprehension of a harmful contact, and (iii) causation -that the harm was caused by the defendant. (6) Battery may sometimes include assault. For example, if Mr. Y hits Mr. Z on the face and the latter experienced the shock before he was finally hit. (7) There may be Battery without assault. For instance, a blow from behind inflicted by an unseen assailant. (  Assault may also occur without battery. For instance, when Mr. A attempts to hit Mr. B with a blow but the latter successfully dodges it. Pointing a toy gun at a person also amounts to assault without battery.(9) Note that it is not all cases of assault and battery that are entertained by the court. This is because court is not a playing ground and does not entertain trifles. From the laws, it is evident that the Nigerian Police Force and, particularly, the said policeman can be liable for assault against Mr. Atoki. The Policeman intentionally hit the windscreen and cause him apprehension. THE LEGAL DIARY Joseph Jagunmolu Ogunmodede http://thelegaldiary.com/can-mr-atoki-sue-nigerian-police-force-assault/ 1 Like 2 Shares
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 7:44am On Jun 03, 2017 |
Titilola Afolabi is the only child of her parents, Mr. & Mrs. Tolulope Afolabi. She celebrated her 21st birthday on the 3rd day of October, 2015 but before this date, her father had promised to surprise her beyond her imagination on this special days of hers. Titilola kept wondering what this surprise could be and not even her guesses appeared convincing to her instinct. On this special day, one would think a public holiday had been declared to celebrate Titilola on her birthday. Funny enough, everything that pre-occupied her mind were the thoughts of what the surprise could be. "Or is it that Nonso was going to propose and he had connived with Dad or something?", she thought. At exactly 5pm in the evening, Mr. Afolabi approached the garden in the compound where Titilola was having fun with her friends. Yes! She was very much convinced and relieved that the cat would finally be let out of the bag and the eagerness was written all over her face. "My dear daughter and queen" Mr. Afolabi started "I've never been oblivious of how much you've been making your mother and I proud. This token is for you" {Handing her a brown envelope}. All her friends were very sure the envelope housed a fantastic sum of money. Surprisingly, they were all wrong. Titilola opened the envelope and discovered it contained some papers. One of her friends, Pelumi Livingstone muttered "Mscteeww! What's special about paper now? We have enough of it to buy as lecture materials in school". Hardly had she completed her statement than Titilola screamed, "Jesus Christ! I'm I dreaming? Four (4) plots of land at Lekki? For only me?" Titilola ran inside, knelt down and appreciated her father while shedding tears of joy. Her friends were very amazed upon hearing that their friend now has a land at Lekki as they never expected it. Titilola became the subject of every student's discussion in the school the following week. On the 16th November, 2015, Titilola participated in an International Debate Competition organized by Toslac Productions Limited for future leaders. Titilola came 1st at the Debate Competition which held at the King's College, London and was offered a masters scholarship to Cambridge University as well as the sum of £5,000. Barely two weeks after Titilola returned from the Competition, Mrs. Afolabi heard that Mr. Kunnuho, the owner of the land bordering gifted her daughter was willing to sell his two (2) plots and, on the advice of her mother, Titilola invested N5million in the said land to make her land a full acre. She got all the related title documents and signed the necessary papers. On the 15th day of December, 2015, Titilola discovered Mr. Kunnuho subsequently sold the land to another person who had commenced the erection of a fence on it. Titilola informed her father, Mr. Afolabi who immediately got policemen to arrest the innocent purchaser of the land as Mr. Kunnuho could not be traced. The policemen released the innocent purchaser without contacting Titilola and her father. Mr. Afolabi later learnt that the DPO had collected money from the innocent purchaser claiming the highest bidder have their backing. Titilola and her father, Mr. Afolabi are seeking a way out. Points to Note: 1. Trespass to land, called "trespass" simply means the interference with the possession of land without lawful justification. 2. A person who directly enters upon another's land without permission, or remains upon the land, or places or projects any object upon the land may be liable for trespass to land. 3. Trespass to land is committed where the defendant, without lawful justification: (i)Enters upon the land in the plaintiff’s possession. (ii)Remains upon such land. (iii)Directly places or projects a material object upon such land. 4. The tort trespass seeks to protect a person's possession of land, and so only a person who has exclusive possession of land may sue. For instance, a tenant may sue a landlord who enters the leased land without his permission. 5. Trespass may occur in any of the following ways: (i) Entering upon land. (ii) Trespass ab initio (Where a person lawfully enters a land but subsequently abuses the privilege of that law by committing some wrongful acts). (ii) Trespass to the airspace. (iii) Trespass to the ground beneath the surface. 6. A trespass may be a "continuing trespass" where there is a failure to remove an object (or the defendant in person) unlawfully placed on land. Note that this will lead to a new cause of action each day for as long as it continues. 7. Trespass to land is an intentional tort. Note, however, that the intention to do the act is required, not an intention to trespass. Consequently, deliberate entry is required and lack of knowledge as to trespass will not be a defence. 8. Involuntary entry such as where a person is forced to enter the land does not amount to trespass. 9. Licence (express or implied) and right of entry are defences to an action for trespass to land. 10. Damages, injunction and legal action for the recovery of land are all remedies to trespass to land. 11. The Nigerian Police Force is generally not responsible for deciding land matters such as ownership of land, whether there has been trespass etc An exception to this is where a crime has been committed while persons are dealing with land. Based on the foregoing laws, the innocent purchaser is trespassing on Titilola Afolabi's land. Therefore, she is advised to get her lawyer to write the trespasser a letter issuing them warning to stop further acts of trespass on the said land. Where the trespass persists, she may have to seek redress in court or by alternative dispute resolution mechanisms. THE LEGAL DIARY Joseph Jagunmolu Ogunmodede http://thelegaldiary.com/titilola-afolabi-sue-trespass-land/ 1 Like 1 Share |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Daboomb: 10:42am On Jun 09, 2017 |
The Law, this is very educative, especially the succinct explanation on Battery and/or Assault. Can you please shed some light on a term placed in a rent Agreement l cam into contact with, of recent. In it was written FIXED and CERTAIN. The Rent Agreement was described as "Fixed and Certain" even though it is a yearly rent. Will really appreciate your explanation. 3 Likes 1 Share |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by ultron12345: 11:36am On Jun 09, 2017 |
This thread is very educative A friend is about to start a microfinance bank. When a customer fails to repay a loan, is it legally right to seize the stock of the customers shop or several items in the customers house to be sold by the bank to recoup the loan? (Note that they will have to agree to this condition when they sign the loan agreement and it is clearly stated that in the event of loss of money when the bank raids the shop, or house, the bank will not be held liable ) Also, what other methods can be used to handle debtors apart from guarantors ( as most of the borrowers don't always have people who are willing or financially buoyant enough to guarantee the loan) Thanks 3 Likes 1 Share |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 2:59pm On Jun 10, 2017 |
Sola Raphael who is just 17 years old had just completed her Secondary School education at Abanikanda Grammar School. Sola is a very brilliant and intelligent student who can be best described as the pride of any parent or teacher. She held the post of the Senior Prefect Girl in her secondary school and was awarded as the best student of her set. Sola lost her father at the age of 3 years old and had since relied solely on her mother for support. Her mother sells fruits at Adelu junction where Sola, as a well trained and understanding child, goes to help her attend to her customers. This had been her practice even right from primary school; she wastes no time in getting to her mother's fruit shed immediately the school closes. The shed is made of woods and planks covered with rusted roofing sheets with enough space to conveniently house two large fruit stands. On the 3rd of September, 2016, Sola was the only one at... http://thelegaldiary.com/mr-kalid-rape-sola/ 1 Share
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 7:44am On Jun 17, 2017 |
IS BAIL TRULY FREE? My long term friend, Pastor Yemi Adetayo has asked me why Ex-Governor Bala Ngilari had to use N100 million and his properties to pay for his bail despite the popular slogan that "BAIL IS FREE". Points to Note: 1. Bail is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.... http://thelegaldiary.com/bail-free/ THE LEGAL DIARY Joseph Jagunmolu Ogunmodede 1 Like 1 Share
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Krixxb(m): 6:30pm On Jun 17, 2017 |
Nice one bro *thumbs up 1 Like |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by komek(m): 9:27pm On Jun 17, 2017 |
Threads like this don't come to the front page, because it has no "SNAKE" in it. @OP, i have learnt a lot since I started following this thread. Good job sir. 1 Like |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Daboomb: 4:12am On Jun 19, 2017 |
Daboomb: Op, l am still waiting for your explanation on the above. And if l may add, kindly add "Tenant at Will" to the above request. Thank you. |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 5:38pm On Jun 19, 2017 |
@Daboomb Thanks for the complement Firstly, a tenant-at-will is a person who is in occupation of a real property (land) owned by another until such time as the landlord gives notice of termination of the tenancy. As much as I'm not very clear with the first question, I perceive you are interested in the legal implication of the insertion "fixed and certain". It means both the landlord and tenant have specifically agreed to the particular amount as rent i.e. neither of the parties can claim more or less than that. And in respect of the fact that it is a yearly tenancy, it means the rent is "fixed and certain" for the period of one year the tenancy subsists. Note that after one (1) year that the tenancy has been terminated by effluxion of time, the tenant will now become a tenant-at-will until he is given notice by the landlord to leave. The notice is usually a 7days notice of intention to recover possession. |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Daboomb: 3:46am On Jun 21, 2017 |
Withambition: Thanks very much for the time and effort you put in responding to and posting these legal issues. In the above explanation, please correct me if l got you wrong: 1.) - The Housing Agreement stating "fixed and certain" means the both parties have a fixed amount (MONEY?) agreed as rent for the House? 2.) - Does that "certainty" to amount paid, also apply to "duration of the tenancy", concurrently? 3.) - Does it also mean that the DURATION of the tenancy is FIXED (say, One year as on the agreement) and "Non-Automatically Renewable" after that One Year, ........as will be normally obtainable with most Rent Agreements where, after the initial one year payment, the tenant only just need to forward the next years rent, to continue occupation (assuming no issues of disagreement has arisen)? 4.)- Does the above confirm or re-enforces the after One year termination of the Agreement, due to the effluxion of time, as explained above in your post? Please dont take offence, l am only trying to ensure that l am not mis-interpreting (to my own limited understanding), your reply. Like good student, l always try to repeat what my teacher says and let him confirm that l actually understood right. Thanks you, once again. Please, at a later time when you can,, l will like you to delve into a situation where a company is repairing a road. In the process, the company blocked off certain parts and narrowed the dual lane road to a single lane. Thus, both vehicles travelling in opposite directions, have to share a single lane. The Company did put a sign diverting traffic into the single lane, from both ends The Company did not install "Caution Signs", did not install Traffic Control Lights nor did it assign Human Traffic Warden/managers at the spot. Eventually, two vehicles collided because each one thought they have the right of way, on the single lane they now shared. People were injured. There was a big argument about where the liability lies - The Drivers claimed they followed the diversion sign but there were No STOP Sign or Traffic light or Warden, telling them when to Stop. - Company said accident was due to Drivers not being in Control of their Vehicle at all times, They should have waited for each other to pass. What would be the position of the Law in this matter? 2 Likes 1 Share |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Electroweb(m): 1:57pm On Jun 28, 2017 |
Thanks for the information @Withambition I have a tenant i want eject from my flat in Lagos after seving all the notices ( 6months, 7days). I want to commence the court proceedings. How much does it typically cost to go through the court to eject a tenant? I heard the court to hear the case is a function of the amount paid as rent. The tenants rent is N450k per annum. |
| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 1:54pm On Jul 03, 2017 |
This is why the continued detention of Evans is lawful. This is because the Nigerian Police obtained the requisite order to remand him for three months pending the time thorough investigation would be completed and he would be properly arraigned in court... THE LEGAL DIARY Joseph Jagunmolu Ogunmodede http://thelegaldiary.com/why-evans-should-remain-in-detention/ 1 Like
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| Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Daboomb: 4:03pm On Jul 04, 2017 |
Oga Joseph Legal Diary, We are still waiting for your response to my last poser above. As for Evans and issues like his, l think we should upgrade our Judicial system by creating special sittings for "fast track and accelerated hearing" of such cases, as happening in other climes where court sittings even take place on a Sunday, just to facilitate dispensation of Justice. 1 Like |
Consol Limited Demanding Workers to buy headset to work as customer care agents / What Do You Tell Your Current Employer If You Want To Go For Interview Elsewhere / Any Review On Cflead. Got Msg From Them For An Interview On Monday.
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