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Nairaland Forum / Nairaland / General / Politics / Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment (7212 Views)
Buhari Given 7-day Ultimatum To Release Kanu, Metuh, Dasuki - Campaign For Democ / Buhari Has So Far Borrowed $3b without doing anything at all / Dangote, Elumelu Jostle For 10 NIPP Power Plants (2) (3) (4)
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by Wallie(m): 8:26pm On Oct 27, 2011 |
aribisala0: There are no absolutes in life especially in legal cases. You are trying to put the carriage before the horse. Here’s how the law works. There is the law as written, which does not change from case to case but has to be interpreted by the Judge. Then, there are facts to a particular case, which is almost never the same as any other case. It is the lawyer’s job to apply the unique facts of his case to the settled body of law (stare decisis). The first thing to do is go down the main section of law and if an exception applies, then you apply it. You don't apply an exception before analyzing the main section of the law. Nice try with the money example. Money cannot be personal property – it is not unique. The person in possession of money is deemed the actual owner unless you have evidence to the contrary, which is why cops will record serial numbers. The only time that someone can sell you a fraudulent property (real or personal) and actually pass title is in real estate, and that’s only when you record the title in public records which should serve as notice. Then you become a bona fide purchaser. The truth is that most people think they know the law but what you think the law is and what it actually is are two different things. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by aribisala0(m): 8:39pm On Oct 27, 2011 |
Wallie: most people think they know the law but ONLY YOU DO WHICH LAW ? NIGERIAN LAW? statute or general legal principles find someone else to lecture about the law NOT ME what you are talking about is NOT RELEVANT here i gave you the example of a WALMART EMPLOYEE who mistakenly reduces the price of an item causing significant loss to WALMART can the goods be recovered as "STOLEN" ownership of stolen goods that are purchased in [b]good faith [/b]varies in several jurisdictions all based on case law and not usually on detailed LEGISLATION I SUGGEST YOU research recent amendments to UK law and the position in Switzerland with regards to stolen goods "PURCHASED IN GOOD FAITH" the position in NIGERIAN LAW is NOT settled and will be influenced by future litigation of cause i would welcome any reference to statute or case law NOT BLUSTERY BOMBAST was anything stolen in this case from whom this whole argument is irrelevant in this case as there is no theft or related case before the police what we have is a blunder by officials who were in lawful possession unless there is evidence of collusion with the buyers which cannot be ruled out but must be PROVEN |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by Wallie(m): 8:42pm On Oct 27, 2011 |
aribisala0: I missed this. If you try to buy the clothing, they don't have to sell it to you. Lately, companies usually add disclaimers against typographical error. If you already bought the dress, and Walmart can prove that you knew the price was wrong, the sale can be rescinded. This is called "mistake" under contract law. If it was a unilateral mistake, and one party knows of the error or a reasonable person should have known that there was an error, the contract will be set aside. If it was a mutual mistake then the contract is voidable, which means that Walmart can choose to rescind it. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by aribisala0(m): 8:49pm On Oct 27, 2011 |
we are talking about goods that have been bought in good faith at an auction from the government. there is a risk that the good may be defective etc. [b]there is no theft here[/b] so i don't see what your point is here?? no one has reported a theft and if the customs followed the guidelines they would have put an ad in the newspapers so i really am perplexed at what you are trying to say |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by Wallie(m): 8:52pm On Oct 27, 2011 |
aribisala0: Oga, calm down no be fight! You are wrong and also mixing contract law with criminal law. Most of the theories that I’m spewing is just first year law stuff. Let’s take it one example at a time. Luckily, most contract law is common law and I can easily look up UK law on the web. I guess I should have added a disclaimer to my posting but here it goes: I’m not licensed to practice law in the UK or Switzerland except in the US :-) |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by Wallie(m): 9:03pm On Oct 27, 2011 |
aribisala0: OK. Let's talk about this particular case. In my original post, I said that you cannot sell what you do not own and I still stand by the statement. There is no such thing as a bona fide purchaser for personal goods. For Customs to sell the goods the title needs to pass to them; otherwise, the buyer is out of luck. Going back to post #53, if there’s a law that automatically transfers title of abandoned property at the Warf to Customs, then a 3rd party can buy it with no problems. However, this is only true if the property is “abandoned.” How do you know if a property is abandoned? The statute that transfers title to the customs or the courts will define “abandoned” to you. Since you like examples so much, here one: I forcefully take the keys of your car from you claiming to seize it just because. I then turn around and sell the car on Nairaland to an unsuspecting buyer. What recourse does the buyer have against you and me? |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by aribisala0(m): 9:05pm On Oct 27, 2011 |
you seem determined to engage in a vainglorious exercise. we are talking about equipment auctioned from the nigerian ports let us not go off at a tangent till we end up talking about the behaviour of subatomic particlles in aluminium foil all i am saying is that there is no theft here unless we have not been given the truth the customs are obliged to give consignees notice of impending auction they claim that they did so let us deal with the here and now and not talk about year one or year x law. if the customs have done everything that they are claiming they did then in my view there has been no theft and the goods are lawfully auctioned. knowing nigeria like i do i can speculate about what went down but we must deal with the facts as they are told us . i believe in using the smallest possible tool to accomplish a task and so i don't see the need for biographical data about your licensing status it is good (for you)but IRRELEVANT . all i am tryin to show is that the position is by no means the same across different jurisdictions with regard to rights to stolen goods that are purchased in good faith but for the UMPTEENTH TIME it is by no means clear that they were stolen as we have a statement from no less that the comptroller of customs to that effect |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by Wallie(m): 9:09pm On Oct 27, 2011 |
aribisala0: Also, "good faith" in your context just means that you can't be charged criminally but you will still forgo the property you bought. However, in the civil court, you can sue the seller for the money you paid him. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by aribisala0(m): 9:14pm On Oct 27, 2011 |
nikkygal: either this claim is true or it is not. until further evidence is provided i will assume it is true as such the issue of stolen good DOES NOT ARISE |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by aribisala0(m): 9:17pm On Oct 27, 2011 |
Wallie: i am not going to convince you and you will NOT convince me . but like i said find out what GOOD FAITH means in Switzerland why?? there is no absolute law. law is relative and varies from place to place but whatever the case with that argument it is irrelevant here. you might forego property you bought(depending on circumstances and jurisdiction) if they were stolen were these goods stolen?? if they were not then you have to sue for them and the recovery procedure is NOT the same for stolen property there is no question of theft here?? |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by Wallie(m): 9:26pm On Oct 27, 2011 |
aribisala0: Vainglorious? Naw, I have nothing to prove in an anonymous forum and I’m just whiling away time Your arguments seem to be discombobulated – you need to try to make it more logical. Let’s see how we got here: You said truth is the buyers acted lawfully and may sue the govt,for substantial damages if they take them back by force. we must not forget that govt is not above the law To which I responded You cannot sell what you do not own. The title (legal rights) to the property did not pass to the Customs, which means that the title cannot be passed on to the buyers of the property. The contract for sale/auction is void ab initio and the innocent 3rd parties only have a claim against the Customs. Thinking about this further, it is also possible that there's a law that effectively gives legal rights to abandoned property to the customs. If true, then they can dispose it according to their rules. Who said anything about “theft” or “stolen”? Anyway, it has been fun and my billable hours are waiting! |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by Wallie(m): 9:34pm On Oct 27, 2011 |
aribisala0: Here’s your Swiss Civil Code: http://www.admin.ch/ch/e/rs/2/210.en.pdf Art. 3 Point out the section on good faith that supports your stance. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by aribisala0(m): 9:41pm On Oct 27, 2011 |
it was already stated by the OP if you bothered to read that the customs believed they acted lawfully and they published their actions. the reason why i said you need to read is there are various legal traditions about passing title which were highlighted in several cases involving JEWISH property that was stolen during the holocaust and this influenced where they sought to litigate e.g . there is the so called anglo american tradition whose doctrine is that a stolen property no matter how many times it is sold ; the title remains with the original owner and the other extreme GOOD FAITH position found in switzerland and other european countries. however in england there was a so called dawn till dusk law from medieval times which allowed title to be lawfully transferred if sold in OPEN market in daylight this is a very complex issue and not one that can be dealt with so flippantly as you did. more importantly. it has NO RELEVANCE here |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by aribisala0(m): 9:45pm On Oct 27, 2011 |
Wallie: what is my stance?? my stance is that it has no relevance to our discussion other than to point out that it is NOT always true that one may NOT lawfully buy goods from another who does not have good title. my friend i am not sure what your point is and from the look of it we both share my uncertainty i believe there would be a presumption of due diligence by any reasonable person in these circumstances i really would prefer to talk about the nipp equipment and not engage in self indulgent showboating that is not relevant. so NIPP equipment, |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by Wallie(m): 9:48pm On Oct 27, 2011 |
aribisala0: |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by okpurukata(f): 10:37pm On Oct 27, 2011 |
Hausa Fulani Hegemony at it again. The strue enemies of Nigeria will stop at nothing to bring this country down. We have already jumped and passed. The thieves including their thieving boss should be arrested and jailed. Period. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by POTUT(m): 11:00pm On Oct 27, 2011 |
The law only takes its course when the Presidency wants it to. That is why Tafa & Bode George were sentenced in the first place. Any high profile case not concluded is a direct result of the Presidency's interference. I am loving Senator Ngige. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by tert: 11:32pm On Oct 27, 2011 |
THE CUSTOMS BOSS HAS CLEAR HIS NAME BY SAYING HE FOLLOW DUE PROCESS.LET US CHECK THE FACTS AND FIGURES BEFORE NAILING PUBLIC OFFICE HOLDER.IF THE CUSTOMS MEN HAVE DONE ANY WRONG LET THE LAWS TAKE ITS CAUSE. SINCE THERE IS AN OFFICIAL GAZETTE ON THIS MATTER THE SENATOR SHOULD WHAT TO.ONE NIGERIA |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by werepeLeri: 1:01am On Oct 28, 2011 |
9ja4eva: Who the F are you? Who cares? This is NairaLand, noone cares who anyone is, if you like, be Hitler himself. Which kind of person comes on a forum to make baseless statements he or she cant corroborate? Where is your evidence and proof that Patience collects millions from the customs man on a daily basis? If you cant prove it and support it with facts, then, just zip it, i careless who or "what" you are. It is indeed your right to lie shamelessly on the pages of the internet. Shame. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by 9ja4eva: 2:30am On Oct 28, 2011 |
You dey make me laugh.Your name sef no follow. I thought you said you reported to the SSS?Shey SSS never issue arrest warrant ni? I am not making no baseless statement dude.I have no business giving evidence or proof to you.Those that matter know these things.YOU HAVE NO RIGHT TO THREATEN ME ON A PUBLIC FORUM Since you be bad guys i dey wait for your SSS to contact me. Its not a secret in Abuja and in the civil service.Please try get enlightened before you throw emtpy threats. I sure say Boko Haram never hammer your family yet.If they do the love you have for Patience will turn to hate then you will see the light.The N1 wey you dey collect from Patience go turn to kobo. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by revomind(m): 8:51am On Oct 28, 2011 |
9ja4eva: Shouldn't u be behind bars by now? |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by Gbenge77(m): 1:54pm On Oct 28, 2011 |
Thats amazing. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by 9ja4eva: 2:41pm On Oct 28, 2011 |
revomind: Dem don release you?The cell too big for me and you.When you serve out your term let me know. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by johnie: 4:34pm On Oct 28, 2011 |
Can someone remid me again - when will this ultimatum expire? |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by rolchi(m): 7:59am On Nov 02, 2011 |
They have been recovered, Praise the Lord! http://www.thisdaylive.com/articles/customs-recovers-auctioned-nipp-equipment/101864/ |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by aribisala0(m): 8:27am On Nov 02, 2011 |
how likely is it that dangote ,guinness or cadbury will allow their equipment to be auctioned in this way ?? |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by 9ja4eva: 11:20pm On Nov 02, 2011 |
15 of them have been recovered and they were all recovered from the North. Dikko needs to tell the world what the vessels were doing in the North.His end has come. |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by johnie: 11:08am On Nov 03, 2011 |
Can someone remind me again - when will this ultimatum expire? |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by otokx(m): 4:28pm On Nov 03, 2011 |
How could they have auctioned $3B NIPP equipment? |
Re: Custom's CG Given 7 Days To Retrieve Auctioned $3B NIPP Equipment by 9ja4eva: 5:10pm On Nov 03, 2011 |
johnie: Expired this past Tuesday. |
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