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Interesting! Legal Diary: Legal Stories And Legal Opinions - Career (2) - Nairaland

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 10:44pm On Apr 10, 2017
babyfaceafrica:
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?
It is very simple. Their parents are said to have died intestate. They jointly own the property; they can use it as family house. However, with the way you presented it, I sense there is controversy on the house and I will advise them to sell the house and share the proceeds.
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by ShobayoEmma(m): 10:53pm On Apr 10, 2017
Mass Communication defeated this noble lying course

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by rossychik(f): 11:06pm On Apr 10, 2017
We need more of such threads in NL not those trashy news.
very commendable n educative.
carry on Withambition

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 11:27pm On Apr 10, 2017
rossychik:
We need more of such threads in NL not those trashy news.
very commendable n educative.
carry on Withambition
Thank you very much for the encouragement. Please, share with your friends.

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by babyfaceafrica: 11:28pm On Apr 10, 2017
Withambition:
It is very simple. Their parents are said to have died intestate. They jointly own the property; they can use it as family house. However, with the way you presented it, I sense there is controversy on the house and I will advise them to sell the house and share the proceeds.
oga problem dey.one of the sons has sold the house claiming he is the first born....since there is no will...what can the other 2 sons do?....the person that bought the house has started to live there..but tyebtwo son usually carry thugs to disturb the man...he is threatening to arrest them..what can the 2,sons do ?..and what can the person who bought the house do?
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by simplyhonest(m): 11:30pm On Apr 10, 2017
this is the first educative thread on front page this year.....

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 11:31pm On Apr 10, 2017
kacchy:
Very educative and informative


Good job @op

This is the kind of thread that should be given front page at least twice every month.
Thank you so much. Please, share with others.

1 Like

Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by omofunaab(m): 11:31pm On Apr 10, 2017
Withambition:
It is very simple. Their parents are said to have died intestate. They jointly own the property; they can use it as family house. However, with the way you presented it, I sense there is controversy on the house and I will advise them to sell the house and share the proceeds.

Good job, this is educative


Are you in any way related to the famous and intelligent barrister Benjamin Ogunmodede?

Did you attend St Bernadette and Sacred heart College?

Were you a member of African children voices?

Thanks..

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 11:33pm On Apr 10, 2017
hardeycute:
hopefully i get admitted to study law this year
I wish you the very best!

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Seehow: 11:39pm On Apr 10, 2017
Keep doing your good work OP. This is interesting.
I have a private questions and inquiries to make
Kindly reach me on Ifelodunsegunbright@gmail.com
Kind regards

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 11:44pm On Apr 10, 2017
babyfaceafrica:
oga problem dey.one of the sons has sold the house claiming he is the first born....since there is no will...what can the other 2 sons do?....the person that bought the house has started to live there..but tyebtwo son usually carry thugs to disturb the man...he is threatening to arrest them..what can the 2,sons do ?..and what can the person who bought the house do?
The sale is not valid! A family property can only be validly sold by the family head (presumably the first born in this instance) with the consent of the principal members of the family (who are the two other sons). The first one cannot give what he doesn't have; in fact, he has sold nothing. The two other sons are on their right although they are sleeping. They should take legal action fast.
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by babyfaceafrica: 11:51pm On Apr 10, 2017
Withambition:
The sale is not valid! A family property can only be validly sold by the family head (presumably the first born in this instance) with the consent of the principal members of the family (who are the two other sons). The first one cannot give what he doesn't have; in fact, he has sold nothing. The two other sons are on their right although they are sleeping. They should take legal action fast.
thank you very much...one last question though,what if the man had many wives...who will the law recognise has principal members.. Does this mean one wife with her children can sell the husband property without other wives giving approval...I am asking because you said principal members...in a polygamous family.... Who are the principal member that needs to be consulted before any thing is done......you are doing a nice job..God bless you

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Tedpgrass: 12:02am On Apr 11, 2017
Withambition:
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



interesting!!!!

please let's have more!!!!!

.

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by ElPhoche(m): 8:21am On Apr 11, 2017
Withambition:
The sale is not valid! A family property can only be validly sold by the family head (presumably the first born in this instance) with the consent of the principal members of the family (who are the two other sons). The first one cannot give what he doesn't have; in fact, he has sold nothing. The two other sons are on their right although they are sleeping. They should take legal action fast.
The seller according to the guy asking the question is the FIRST BORN. According to you, he has the right to sell. Check again , please.

Good job. This is one of the most educating thread I have ever seen on nairaland. Keep it up. I know it wasn't easy to write/type

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by ElPhoche(m): 8:25am On Apr 11, 2017
Withambition:
The sale is not valid! A family property can only be validly sold by the family head (presumably the first born in this instance) with the consent of the principal members of the family (who are the two other sons). The first one cannot give what he doesn't have; in fact, he has sold nothing. The two other sons are on their right although they are sleeping. They should take legal action fast.
Withambition:
The sale is not valid! A family property can only be validly sold by the family head (presumably the first born in this instance) with the consent of the principal members of the family (who are the two other sons). The first one cannot give what he doesn't have; in fact, he has sold nothing. The two other sons are on their right although they are sleeping. They should take legal action fast.
The seller according to the guy asking the question is the FIRST BORN. According to you, he has the right to sell. Check again , please.

Good job. This is one of the most educating thread I have ever seen on nairaland. Keep it up. I know it wasn't easy to write/type
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Electroweb(m): 11:45am On Apr 11, 2017
Withambition:
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

This is very enlightening. My question is...if someone is buying a property from a family via the family head, how can he confirm that all the other family members have consented to the sale? Is a verbal confirmation in order or should he have a signed document from all of them before parting with money? You know that for Deed of assgnment or lease is ususally signed as money exchanges hands and the family members don't all sign at the same time claiming to be outside the country. So is there a document to ask from the head of family or is verbal affirmation enough? Experts in the house can answer too.
Thanks

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Tedpgrass: 9:45pm On Apr 11, 2017
good evening.

could you provide some examples regarding foreign direct investment and culpability within Nigeria and West Africa.

pls mention/ explain jurisdictions with specific mention of relevant courts of appeal .

Thank you.
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by joefredd006(m): 3:42pm On Apr 12, 2017
it's been a while someone actually posted something genuinely useful for mind growth on this forum.


OP, I appreciate the time and effort you are investing. Waiting for more updates, probably something on breach of time contract between a customer and vocational workers.

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Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 5:05pm On Apr 12, 2017
ElPhoche:

The seller according to the guy asking the question is the FIRST BORN. According to you, he has the right to sell. Check again , please.

Good job. This is one of the most educating thread I have ever seen on nairaland. Keep it up. I know it wasn't easy to write/type
Check my comment again. He has a right to sell but it must be with the consent of the principal members of the family or they must ratify the sale, at least.

1 Like

Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 5:44pm On Apr 12, 2017
@babydfaceafrica In this instance, the wives are more of onlookers because the children of the deceased are the one's entitled to inherit the property. In essence, the children are the principal members of the family even in a polygamous setting.
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 5:45pm On Apr 12, 2017
Tedpgrass:
good evening.

could you provide some examples regarding foreign direct investment and culpability within Nigeria and West Africa.

pls mention/ explain jurisdictions with specific mention of relevant courts of appeal .

Thank you.
Please, your question/request is not clear enough.
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 5:58pm On Apr 12, 2017
Electroweb:


This is very enlightening. My question is...if someone is buying a property from a family via the family head, how can he confirm that all the other family members have consented to the sale? Is a verbal confirmation in order or should he have a signed document from all of them before parting with money? You know that for Deed of assgnment or lease is ususally signed as money exchanges hands and the family members don't all sign at the same time claiming to be outside the country. So is there a document to ask from the head of family or is verbal affirmation enough? Experts in the house can answer too.
Thanks
The best approach is to tell (insist) the Family Head you want to meet with the family members. 1. His reaction to that can show whether he wants to be dubious. 2. Tell him to give you their contacts ; now that the world is a global village...insist that you want to have a video conference with them where they will give their consent in the presence of the Family head. 3. Tell them to send a written consent from wherever they are.

1 Like

Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Daboomb: 7:27am On Apr 13, 2017
Withambition:
@babydfaceafrica In this instance, the wives are more of onlookers because the children of the deceased are the one's entitled to inherit the property . In essence, the children are the principal members of the family even in a polygamous setting.

First, l need to appreciate you and anyone who takes time to write something for others to benefit from.
"Someone" in the property section used to do that with regards to land/property, but it turned out he was doing it for personal gains and commercial reasons, which l find not very altruistic!
So, l thank you for your effort.

Correct me if l am wrong please, but my understanding is that for a "legal Marriage", the surviving spouse (alive) is the "Next of Kin" and therefore inheritor of the Estates (property) of the deceased spouse (dead).... unless 'the deceased' spouse has a WILL which directly specifies the sharing of his Estates, in a manner that gives some of it to the children of the family.

In order of 'exclusive priority' wrt inheritance, who comes first, the children of the deceased or the surviving "legally wedded spouse"?
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by neighy(m): 10:40am On Apr 13, 2017
Withambition:
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
azin we r talking money.. Shey d NPF or Engr olatunji cannot be fined niii??
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by neighy(m): 10:55am On Apr 13, 2017
Withambition:
On the 14th day of January, 2017, Madam Oluwatimilehin Olatunde called me 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
lets say damages would be paid in cash who decides how much?
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by neighy(m): 11:34am On Apr 13, 2017
Withambition:
The best approach is to tell (insist) the Family Head you want to meet with the family members. 1. His reaction to that can show whether he wants to be dubious. 2. Tell him to give you their contacts ; now that the world is a global village...insist that you want to have a video conference with them where they will give their consent in the presence of the Family head. 3. Tell them to send a written consent from wherever they are.
what if he sets you up with people not his family members but pretening to be??

Seriously just sayying thank you and well done is not enough.. Keep up with the good work
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 2:36pm On Apr 13, 2017
neighy:
lets say damages would be paid in cash who decides how much?
The court has the discretionary power to determine the damages to be paid (assessment of damages).
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 2:41pm On Apr 13, 2017
neighy:
what if he sets you up with people not his family members but pretening to be??

Seriously just sayying thank you and well done is not enough.. Keep up with the good work
That's why I said you should observe his reaction. You never can be totally sure. But from experience, by the time you tell them your Lawyer and two policemen will be involve in the transaction they're always on the defensive if their plan is to dupe you. On the other hand, it will be on record that you did "due diligence" and was not negligence but rather it was the family head that was entirely fraudulent.
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Withambition(m): 2:44pm On Apr 13, 2017
neighy:
azin we r talking money.. Shey d NPF or Engr olatunji cannot be fined niii??
Well...except Chief Kyrian wants to bring an action for "False imprisonment" and "infringement of fundamental human right".
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by neighy(m): 2:45pm On Apr 13, 2017
Withambition:
The court has the discretionary power to determine the damages to be paid (assessment of damages).
if d guy no come fit pay d damages nko?? Shey no b say jail dey smell for in head
Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by neighy(m): 2:47pm On Apr 13, 2017
Withambition:
Well...except Chief Kyrian wants to bring an action for "False imprisonment" and "infringement of fundamental human right".
and that will be on the police and not Engr olatunji

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