Badgers14's Posts
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n3xt:Innovative.. keep it up. I think this is one of our members here was saying about people investing in their business.. I believe it was diordaves or was it me? ![]() Not sure but anyways, this is how we progress, trying to figure out a way to get better in what we do.. not cutting corners, but thinking about ways to get this done more efficiently and cheaper.. Thanks for sharing. |
n3xt:Kudos! Way to go! |
Atiwaye:You are right but that's difficult for them to do. Unlike the North, they all stand united on any issue concerning the North. But the south are always divided, they want oduduwa Republic, the want Biafra, they want Ibom nation, they want Niger delta country plus other groups that are gingering to be given their own country.. all in the southern Nigerian. If they all could use the same muscle, in unit.. stand there grounds regardless of party affiliation... this issue would have been thing of the past. Your suggestion would have been adopted long time ago |
When will all these nonsense end? ![]() |
Giant of Africa ![]()
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Known gunman? What provoked the shootings? |
djsjxjfjdisjdjb:Oh Boy, things are tight ![]() Things are expensive now especially building Materials, everyone just increasing prices left and right.. sometimes prices increase twice in a day.. |
I guess we should move to Borno then ? |
Surprise Surprise In the other news EFCC arrests 10 suspected yahoo Boys. |
I guess I will be moving to Borno ![]() |
OlujobaSamuel:Players are not allowed to bet to avoid them being tempted to sell a game.. |
That's very unethical, very unprofessional for a player to do something like that.. the sponsors paid big money for the sponsorship... If they don't like who's sponsoring the tournament, they might as well not play in the tournament and stay home ![]() |
n3xt:Smart lesson!!. We all have to learn to live to fight another day. Do what you can, and do it right.. tomorrow is another day ... it's not always about the quantity but the quality and your peace of mind. Thanks for bringing that up.. I hope others will learn from it. |
Igbojihadist:Why are you fasting when you know you are sick?? |
@lastpage, I am not sure if you are trying to ridicule your intelligence or what?? Again, comparing a landlord - tenant agreement to an agreement between someone hiring a contract killer to kill someone .. was a WRONG example!!. Not sure what your profession is or how long you have been around the legal world... you don't know it all, no one does. "Suppressed evidence" like I used it in my post just means that, that evidence cannot be admitted in court... cannot be used. An opposing counsel can file a motion to suppress an evidence and a judge can grant that motion and that evidence is suppressed. Cannot be used. ( motion to suppress an evidence= an objection by an opposing counsel asking the court not to admit an evidence) Like I said and I repeat, a tenant should not read all this write ups here and puff out there chest thinking because they didn't pay the stamp Duty on their Tenancy agreement, the landlord cannot use it in court. That's not entirely true.. Remember, a Judge in Ikoyi might see a case differently from a judge in surulere. A magistrate in Onitsha might see a case differently than a magistrate in Enugu.. again, there are lots of things that go on in a case more especiallyin the court room - court room skills. In big law, some firms actually have a unit that profiles a judge. as part of their duties. I mean have a profile on the judges.. what they are like , how they view things, there legal background, how they ruled in certain cases etc. That shapes the trial lawyers when they prepare for a case, write their briefs and when they actually come in the court. Again, all these Yada yada here.. if a higher court have ruled about this issue in a certain way... they set a legal precedence on it. I don't know yet about this issue that's why I say it remains to be seen if they have done so. A lower court cannot reverse a higher court. Again, I wouldn't be surprised if that happens in Nigeria. Keep in mind, it depends on what the issue is between the landlord and tenant. Check this out , if the issue was rent.. tenant owes 1 year of rent and landlord served the tenant proper notices.. in court tenant is saying ehn ehn landlord cannot enforce the tenancy agreement because them the tenant did not pay the stamp duty?? Not that many judges or magistrates will agree with that. |
@lastpage, I don't want to quote you to avoid blocking off a huge chunk of this page. But like I said, the example you used was a WRONG example!!. You don't know what I do for a living, ... I don't even know you personally. my profession is irrelevant here anyways because I am not advertising my business or anything like that and it's was not the subject of the conversation.. I just found the stamp Duty thing interesting and I have swapped few messages to other people that found it interesting as well or bizarre as the case might be. In your posts, you do somewhat contradict your position, not sure why. Again, I will suggest to tenants don't bank on all these write ups here , thinking ehn ehn because you the tenant did not pay for the stamp Duty, the landlord can't enforce the agreement... be very careful!! The law don't always reason that way... not every judge will listen to that.. Also in legal proceedings there are lots of things that can go wrong in a case even if the "village people " notarized the agreement and stamp Duty was paid. It remains to be seen, the legal precedent (if any) if this particular issue " suppressing evidence (tenancy agreement) because of stamp Duty was not paid " have been reversed on appeal or a higher court have interpreted this in a different way and ruled likewise. I am officially signing out on this topic. Thanks. Please don't quote me, I am not feeling fine. |
My Anambra people no dey gree again ooo ![]() All these contemporary buildings... I am quite happy about that... it is very refreshing to see these changes. |
Maybe lastpage have a point about the stamp Duty stuff but the analogy he is using to express it is very very faulty in my opinion. You can't compare an agreement between a landlord and their tenant to a contract killings. Those are two different things.. one is legal business and the later is an illegal business. It is not illegal for a landlord to rent a house to a tenant, but it is illegal for someone to contract a killer to kill another person..Just my opinion though. I was just asking this things for knowing sake, knowing our dear country Nigeria, anything can happen even in the court law, invoking a non existing legal principle, misinterpreting a law etc... was it not one of our Supreme Court justices, expressing dismay in his colleagues miscarriage of justice in his scathing dissent said, .. wonders shall never end.." ![]() I guess "that wonders " have not ended... I am really interested to see the court transcripts on the cases in Abuja. When the courts are back from strike, maybe that will be possible. Abuja being the seat of power, things are offcourse done differently there. I am suspecting maybe Lagos, because the state is a bit progressive in their laws and might have passed a law to back this thing up. If you are one of them hard head tenants that have read this write ups and think.. aye, I will take my landlord to court and show him what I learned on Nairaland... be careful.. not every judge or magistrate will be kind to let you off the hook on Rent and possession because of this technicalities. A lot of judges will frown on that if you base your legal argument on the tenancy agreement was not stamp dutied. Remember that was your burden to pay not the landlords. Just like it is the Burden of the landlord to pay the property rate but responsibility of the Inland revenue services to collect the dues/fees. Another thing to be mindful of is, if the evidence (tenancy agreement) was successfully suppressed in court and the court ruled it invalid... what other legal documents does the tenant have that gave them the legal rights to be in possession of the property? Since the tenancy agreement is INVALID, the so called tenant can not be called tenant again, wouldn't that be criminal trespassing? Because the individual doesn't have any legal right to have possession of the said flat/shop as the case might be? You can't have it both ways, it is either you are in the unit legally that is a tenant or you are not, in that case a criminal taking possession of what he doesn't have any legal right to have the possession of. Word of advice to tenants, pay your rent on time as at when due don't dwell on court proceedings to be a hard head. if a landlord wants you to pack out because of reasons unreasonable.. just ask for sometime and move.. in your best interest... just ask for some time and move on with your life in peace. Some of these landlords or property managers could be something else.. Moreover in a landlord and tenant dispute, the majority of the cases, the bone of contention is rent due not possession of the property because the landlord owns the building, that is his property, he just have to file proper notices to evict the tenant from his property. Cheers! |
bixton:Thanks. That's why I was curious on the state where he experienced that in court so I can do more research on it. |
lastpage:Sir/Madam, I am afraid that you have compared apples to oranges here. We are talking about landlords and tenants.. recall, tenancy agreement - legal business. Not any illegal activities, cum contract killings.. maybe you brought up wrong example... I think that was a wrong example if I am honest. But to your credit tho, ex Turpi causa non oritur actio is a valid legal defense based on your example.. but we are talking about legal business of a landlord renting a property to a tenant. When you go back to my posting, I was responding to @ jabolo when he/she said ... stamp Duty is required not only in Nigeria... I was asking myself where else is this required? And as luck will have it, I happen to have had first and second hand experiences in real estate in other countries and this stamp Duty of a thing never came up in those instances. Speaking of Nigeria I have first hand experience in landlord tenants issues and have been to court in almost all the states in Eastern Nigeria, count Delta state in too but no magistrate/judge even asked that, not even when the tenants themselves were lawyers or hired a decent counsel for the court room brawl was this ever mentioned.. ( but it's been a while now, maybe things have changed). If you don't mind me asking, which state did did you experience this in court ? The stamp Duty stuff.. If you don't mind, I am still interested on how the court arrived at this requirement, any actual legal references .. is appreciated Thanks again. |
lastpage:We are all here to learn, atleast I am. Is there any legal backing in Nigeria regarding that? If there was , I am not aware, I have never heard of that. I have checked in with a lawyer friend and he thought it was bizarre but no one knows everything. If there's a legal background on it, I will like to know for myself . Thanks. |
diordaves:Thanks for that clarification.. I was taken aback when he said a tenancy agreement need stamp Duty before it could be an admissible evidence. (Not that I will be shocked if a magistrate say that to be honest). Na 9ja we dey ![]() But I was more interested in the specific text of the Law that requires that so I can read up and learn.. that's one of the reasons why we are all here, to learn and grow. In as much as from a layman perspective, I don't think that sounded right, but I understand the text of the Law supercedes our subjective minds,. @jabolo, my U.S reference came in the picture when you said in one of your posts that stamp Duty in tenancy agreement, is not only required in Nigeria. My response to that was scratching my head to find anywhere else that requires that, not in SA or Kenya, not in any western country that I know of and "specifically " U.S. |
jabolo:Thanks for your response but I disagree with your submission. Stamp Duty for a tenancy agreement is not a requirement in most western countries and I have rented spaces in a few of them. In the U.S, some states do have a default tenancy agreement form on the state/county/city website that a landlord could just print off and use. Stamp Duty not required even in the event the landlord's lawyer drafts the tenancy agreement. Notary is not even required for the document to be legally binding. The reference you made about buying a house.. in the U.S some documents requires notary which the desk jockey at the closing company can do. Also, don't confuse power of attorney with tenancy agreement. Them two have different legal guidelines . The word "agreement " means two people have agreed on an issue . An agreement is legally binding if the two parties agreed on it by, 1). By word of mouth. 2). A text exchange 3). Email exchange 4). And offcourse our very popular ink to paper. Most judges don't like the word of mouth because it places a heavy burden on the court to determine who is telling the truth and who is stretching the truth. Offcourse since the case made it to court, there has been a disagreement and they come to court to seek redress. |
lastpage:Is there some sort of law biding this ? Law of evidence? ( check, stamp duty for Tenancy agreement). Or judges are exercising or abusing their judicial discretion? I just don't see a reason to do so ( from the eyes of a common man). We do overdo things in this country that's just... o well Nigeria ![]() |
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omolola100:Maybe you misunderstood your mother or her message didn't come out right. I think what she might be saying was for to you marry the man you love regardless of his financial status. Some of this rich men have dirty money, you will have money but no peace of mind. Some of the average Joe's, when you toil with them and things get better, at least you have peace of mind on the source of their wealth. Remember no condition is permanent. But Las Las, marry a man you love regardless of their financial situation . |
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Mine is loading, na we dey here ![]() |
KIDfurniture:Offcourse, nothing is wrong with the design, I was just curious if the owner had other reasons why they choose it. I like cathedral ceilings myself and one of the reasons is it circulates heat better, the house won't get too hot. It looks majestic in my view and I just like it. I have a friend that doesn't like it, he says, it costs a lot of money to heat up and the AC during warmer weather. Too much bill and also it looks scary to him.. imagine lying on your bed and the ceiling is that high.. for some people, they don't care, for some, they like it.I was just curious on the client's perspective that's all. |
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