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BarrElChapo's Posts

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CrimeRe: NDLEA Discovers Cannabis Sativa Farm In Oluyole In Oyo State by BarrElChapo(m): 12:13pm On Oct 31, 2019
Bahamas95:
Useless country!

What is wrong cultivating it, misplaced priorities
Maybe the law prohibits planting it though, I recently watched a documentary on Nat Geo. Planting coca leaves isn't a crime in Peru it's when processed into paste the first step in cocaine production that it becomes an criminal offence.. so you aren't entirely wrong
CelebritiesRe: U.S. Releases First Video, Images Of Baghdadi Raid by BarrElChapo(m): 3:52am On Oct 31, 2019
shocked
CelebritiesRe: Tacha Shows Off Her Starzz Award She Won (Photos) by BarrElChapo(m): 3:51am On Oct 31, 2019
award for sme.....ing huh
CelebritiesRe: Toke Makinwa And Zlatan Ibile Singing Together by BarrElChapo(m): 3:50am On Oct 31, 2019
where omotola wink
CelebritiesRe: Don Jazzy And Rema Visit EA Sport Center In US (Photos) by BarrElChapo(m): 3:50am On Oct 31, 2019
cheesy
CrimeRe: Ex-corper Poses As FCT Minister, Defrauds Victims Of N52m by BarrElChapo(m): 3:49am On Oct 31, 2019
National Cake
CelebritiesRe: John Witherspoon Is Dead by BarrElChapo(m): 3:48am On Oct 31, 2019
RIP
CelebritiesRe: Mexican Government Releases Video Of Botched Raid To Capture El Chapo's Son by BarrElChapo(m): 3:47am On Oct 31, 2019
Leave me and my family alone or else angry
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 2:27am On Oct 31, 2019
Freehuman:
Still confusing you.

Either means one of the parties. Neither means none.

Either means if the bride accepts the consent then she may sue or if the groom accepts the consent he may sue for fraud.

Either of the parties simply means "any one of the parties".

"Both" would me two.

It's either transport by road or rail.


You're so pretty UyaiIncomparabl
grin grin multitasking eh
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 2:25am On Oct 31, 2019
This is the beauty of legal practice. You come with your own advocacy with the aid of statutes and decided cases. I perceive you are law student, I maybe wrong though.. that's why the judges have the final say.. the law is dynamic and sometimes cannot be interpreted in a straight line..

Freehuman:
Still confusing you.

Either means one of the parties. Neither means none.

Either means if the bride accepts the consent then she may sue or if the groom accepts the consent he may sue for fraud.

Either of the parties simply means "any one of the parties".
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 1:57am On Oct 31, 2019
Look at the what the law says I bolded it.
Freehuman:
Do you understand the marked below? As a lawyer, you should understand that. You may discuss with collegues offline.
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 1:56am On Oct 31, 2019
The law says consent but the law also say of "either parties" the could mean that those who couched the law envisaged that both the proposer and proposee both give their consent, if any one of the those anything to negate it as in the instant case misrepresentation by the woman of her capacity to bear children. it would turn her consent to fraud.

[quote author=Freehuman post=83611559

Check 3(d) above the key word is consent. Before you quoted me I had edited my post to explain it better to you. I hope you understand.
************

I get you. But it is illogical to claim fraud or duress . He was in nowhere defrauded or forced to marry her. A marriage is a contract and a promise to marry is an executory contract consisting of the promisor and promisee. The man is the promisor who makes a promise to the promisee and the promisee accepts the promise. How can the promisee then be liable for fraud or duress?

By the the above I mean that it is only the party whose consent was sought that can dissolve the marriage because of fraud. The person who sought the consent cannot alledge fraud.
As far as proposal is done in Nigeria by a man, he cannot claim fraud or duress. Fraud or duress can only be relied upon by the promisee or the party whose consent was sought. grin
Below a screenshot from your article.[/quote]
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 1:49am On Oct 31, 2019
The law states otherwise:

3. (1) Subject to the provisions of this section, a marriage that takes place after the commencement of this Act is void in any of the following cases but not otherwise, that is to say, where-

(a) either of the parties is, at the time of the marriage, lawfully married to some other person;

(b) the parties are within the prohibited degrees of consanguinity or, subject to section 4 of this Act, of affinity;

(c) the marriage is not a valid marriage under the law of the place where the marriage takes place, by reason of a failure to comply with the requirements of the law of that place with respect to the form of solemnisation of marriages;

(d) the consent of either of the parties is not a real consent because-

(i) it was obtained by duress or fraud; or

(ii) that party is mistaken as to identity of the other party, or as to the nature of the ceremony performed; or

(iii) that party is mentally incapable of understand- ing the nature of the marriage contract;

(e) either of the parties is not of marriageable age

Freehuman:
I get you. But it is illogical to claim fraud or duress . He was in nowhere defrauded or forced to marry her. A marriage is a contract and a promise to marry is an executory contract consisting of the promisor and promisee. The man is the promisor who makes a promise to the promisee and the promisee accepts the promise. How can the promisee then be liable for fraud or duress?

By the the above I mean that it is only the party whose consent was sought that can dissolve the marriage because of fraud. The person who sought the consent cannot alledge fraud.

Below a screenshot from your article.
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 1:39am On Oct 31, 2019
I'm not not claiming anything I just merely lifted what the law provides find below from the matrimonial causes act.

3. (1) Subject to the provisions of this section, a marriage that takes place after the commencement of this Act is void in any of the following cases but not otherwise, that is to say, where-

(a) either of the parties is, at the time of the marriage, lawfully married to some other person;

(b) the parties are within the prohibited degrees of consanguinity or, subject to section 4 of this Act, of affinity;

(c) the marriage is not a valid marriage under the law of the place where the marriage takes place, by reason of a failure to comply with the requirements of the law of that place with respect to the form of solemnisation of marriages;

(d) the consent of either of the parties is not a real consent because-

(i) it was obtained by duress or fraud; or

(ii) that party is mistaken as to identity of the other party, or as to the nature of the ceremony performed; or

(iii) that party is mentally incapable of understand- ing the nature of the marriage contract;

(e) either of the parties is not of marriageable age
You said marriage is a contract.. What are the ingredients of a valid contract ? Offer, consideration and acceptance.
back to the scenario.. if a man wishes to marry a woman for the sole purpose of procreation and the woman accepts knowing fully that she cannot bear children. Has a valid contract been executed between them ? your guess is as good as mine. Keep in mind that procreation is the consideration for entering into the contract in the first place.. Cheers
Freehuman:
I get you. But it is illogical to claim fraud or duress . He was in nowhere defrauded or forced to marry her. A marriage is a contract and a promise to marry is an executory contract consisting of the promisor and promisee. The man is the promisor who makes a promise to the promisee and the promisee accepts the promise. How can the promisee then be liable for fraud or duress?
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 1:19am On Oct 31, 2019
If you are a Nigerian. I just want you to find a lawyer friend and tell him to advise you or educate you on the kind of marriage our laws recognize. Your views will definitely shift a little bit from where you are now

Wiseoldman:
Mr man, you need to read more. Church is where two or more people are gathered in God's name. It is not the building. And there is no such thing as church wedding. It is the traditional wedding of the British people.

Pastors are invited to pray and bless the union during our traditional wedding the same way it was done in the bible when Jesus turned water to wine. All you need is your own traditional wedding. The british style wedding we do in church is fine, but only ceremonial.
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 1:14am On Oct 31, 2019
You see the post you replied had a scenario of infertility.. But you're missing the point all together.. Dissolution "divorce" of marriage is completely different from Annulment of marriage from the scenario that you replied and from my the article i sent you. If I were representing a petitioner I would come under

Fraud or Duress
Fraud is where there is dishonest misrepresentation by a party to the marriage by which the consent of the other was obtained, while duress is when a party to the marriage is compelled to contract such marriage by creating a state of fear or apprehension, which prevented the party from freely consenting to the marriage.
juxtaposing it with the scenario. if the lady knew she was infertile before the marriage and the man can prove that she in fact misrepresented her capacity to bear children before the marriage. the man can seek for an Annulment of the marriage that is the marriage never existed in the first place.

Sorry I don't have a copy of the act at the moment but if this doesn't convince you hopefully during the day we could continue. Cheers !

Where consent is proved to have been obtained by fraud or duress, the marriage is annulled not because of the presence of fraud or duress but because of the absence of consent.

Freehuman:
Sir, I modified my post you quoted and provided sections 15(1)&(2) and 16 of the Matrimonial causes Act for further reading.
The grounds for dissolution of marriage are stated out clearly and the supreme Court has held that those rules must be read with literal interpretation.

I have scanned through the article in the link you provided and nowhere have I seen that infertility of the woman is a ground for dissolution of the marriage. It doesn't also come under grounds that constitute a void or voidable marriage.

Please Sir, attach a case law or section of any law in force in Nigeria which expressly or by logical construction provides that infertility of a woman is a ground for divorce , void or voidable marriage.
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 12:58am On Oct 31, 2019
Brief a lawyer. He/she should be able to help you sort out the situation. Goodluck
DeHumbleTboy:
https://www.0.freebasics.com/https/www.nairaland.com/5502110/problem-first-school-leaving-certificate?

Please did anybody have an idea on how to change my name on my first school leaving certificate FSLC and junior weac? As for national ID I will figure it out cuz in that nim office the only thing they care about is money. Plz this is very important and urgent. Wanted to apply for international passport but I have to pulse because I fear my different name will deeply affect me in many ways.


Reason for changing my name.
I was born Christian but want to convert to Islam and I want my certs to have my Islamic names on it else it will affect me badly.

Plz advise.
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 12:54am On Oct 31, 2019
You are wrong. I have really do not have all day to type but just read up this article it should clarify any ambiguities or misconceptions you had earlier on.
https://resolutionlawng.com/annulment-of-marriage-in-nigeria/

Freehuman:
The marriage ACT applicable in Nigeria provides for only one ground and that is where the marriage has broken down irretrievably. Marriage under the Act is presumed to be monogamous and thus inability to consumate is a criteria that the marriage has broken down irretrievably. This means a court will dissolve the marriage where man is impotent (cannot penetrate or doesn't have an erection) and would not dissolve if he can consumate yet has a low sperm count. Infertility of a woman is not a ground for divorce.

Please provide evidence if you argue otherwise.
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 12:41am On Oct 31, 2019
Lol.. You know this is the worst kind of hypocrisy, when you want to get married if you aren't already, this B.S that you spewed below, is it what you're gonna do ? lemme answer for you. No. don't advise someone what you won't do yourself and by the way if you got a lawyer friend ask them to explain to you the kind of marriage that the law recognizes in Nigeria. it will broaden your mind. Goodluck
ZIMDRILL:
stop lying God never said marry in church, marrying in church is cultural that was started, by people it has nothing to with God, Marrying before God means true to yourself and committed to God that i shall be faithful to the partner you have chosen and neither does a pastor bless your marriage its just ceremonial thing to do from a pastor, you bless your own marriage by being faithful to each other and doing good on to others
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 12:36am On Oct 31, 2019
It's not a white wedding, it's a church wedding
if she believes in the God that she worships in a church then I don't see why she should be coerced into doing otherwise besides she gave the OP due notice, he cannot say he didn't know or expect these developments.
Lamanii22:
Firstly... White wedding is a traditional wedding for the whites... I don't know why we like copying 'em... As far as I know... You guys are already married... Or you can fix the white wedding ASAP... Although there's nothing wrong if you both have sex now.. God cannot be angry... All these religious people gaan sef...
FamilyRe: My Wife Insists No Sex Until Wedding Night Even After Our Traditional Wedding by BarrElChapo(m): 12:25am On Oct 31, 2019
This is actually crazy sha. OP why is the date between your traditional marriage and church marriage too far in between..
I can't see any problems here cos she told you beforehand her conditions and you've successfully kept your part till now, why not fast track the church wedding so you can have her all to yourself.
You knew she's born again so of course the church wedding would be more important to her.
I'm even surprised she agreed to move in with you cos that's definitely gonna cause some friction since you had your own agenda/timetable to the no sex thing.
For those saying if she isn't a virgin.........its all B.S cos everyone is entitled to second chances and she's exercising her discretion as per her beliefs.
My advice fast track your white wedding, get it over with and wife her cos you're better off with a woman with some spiritual background than any other species as they come. Good luck
CelebritiesRe: Kechi Okwuchi 30th Birthday Hosted By Cubana Chief Priest. Naira Marley Spotted by BarrElChapo(m): 10:50pm On Oct 30, 2019
this cubana guy seems a nice guy smiley
HealthRe: My Cousin Is Growing Grey Hair At 25, Please Help by BarrElChapo(m): 8:31pm On Oct 30, 2019
what's wrong with having grey hair at 25 huh
PoliticsRe: Ahmed Lawan & Orji Kalu At Turkey 96th Anniversary Celebration In Abuja (Photos) by BarrElChapo(m): 11:05am On Oct 30, 2019
nonsense ingredients sad grin
CelebritiesRe: Yemi Alade Wows In Bikini In Kenya (Photos) by BarrElChapo(m): 10:25pm On Oct 29, 2019
shocked angry
RomanceRe: Arsenal Couple Kneels Down To Celebrate In Pre-wedding Pictures by BarrElChapo(m): 9:44pm On Oct 29, 2019
they must be very patient people.. grin
CelebritiesRe: Real Warri Pikin Celebrates Her Birthday With Family Pictures by BarrElChapo(m): 4:21pm On Oct 29, 2019
Happy birthday to her
CrimeRe: Nigerian Man In Libya Defrauds More Than 30 Fellow Nigerians, Caught by BarrElChapo(m): 1:11pm On Oct 29, 2019
How can I reach you wink
Offpoint:
Dear Nairalanders, it's has come to my notice for the past 2 months: No single Job request has been posted on the graphics section of nairaland.

Please we have very unique and topnotch graphics designers here on this forum.
Please stop taking jobs to outsiders, kindly patronize the graphics section please.

The country is tough, help our ministries.


From a concerned Graphics Designer, Thank you all.

You can reach me for your graphics needs too
RomanceRe: My Dilemma: My Girlfriend's Confessions. by BarrElChapo(m): 12:03pm On Oct 29, 2019
I can relate with you on this cos I have aunts' who are unmarried and are well into their 60s and some who were stood many things on their traditional wedding and another introduction.
My younger sister is in her afternoon newspaper stage of her life and is unmarried and i sometimes fear for her not to end up like our aunts and she definitely won't... that being said;

I must commend you for at least trying to stay true to your moral values as it is the best decision/choice but I want you to know that's it's almost same for both men and women. how do I know I am in that boat.. I was in a relationship last 6years ago and I made a conscious decision to stay morally upright and maintain a non sex relationship until amongst others. But between then and know if i tell you how many heart wrenching experiences I've had from one who claimed had known no man but was having a filled day outside cos she knew I didn't even wanna confirm if she was or wasn't just wanted to be with her for who she was to others who like you but can't commit because of your standards..

Then when you come on here and see that at least 90% of persons here subscribe and are subscribing to it, what I sometimes think to myself is that if I want such relationship, it must be like one week to my wedding night. lolz. I believe if I opened a thread on the kind of relationship I want, you'd may see persons labeling me impotent perhaps !

The lonely nights are there, those times when you really wanna talk to her and not your best buddy are there, the feeling of missing out when your friends are with, talking or chatting with theirs is there, what about when you just wanna share your dreams visions the future with her.. Its a cold and lonely world flying solo you know. But have I given up on love ? nope ! do I believe I'd meet someone someday that believes in what I believe a relationship should be ? yep !. Until then I keep being myself and hoping for the best.. I guess you should too ! it's not your making but it's worth the wait for the right time and the right person.. hope you get some comfort... cheers !


safarigirl:
some people don't even get a first chance, forget the second. It is the most seemingly undeserving that get second chances, while the rest of us are called names for things beyond our helping.

The OP's babe is another one that gets away with it. She will marry, and nobody will call her LovePeddler, nobody will call her evening newspaper, nobody will use all sorts of denigratong words on her because she is Mrs. Somebody, do you know who those words will be saved for? The people who bothered to have moral standards and refused to bend to the wills of the world

Some people only need one chance, and they're not getting it.
RomanceRe: My Dilemma: My Girlfriend's Confessions. by BarrElChapo(m): 11:32am On Oct 29, 2019
Bro I believe that this your principles are founded on your faith/beliefs.. I'm a Christian I don't want to infer yours but from your name I'd want to believe we're of the same religion.
Remember the adulterous woman in John 8:1-11
Jesus didn't condemn her eventhough the world did.. Did she commit a sin ? Hell yes! Did it have consequences ? Hell yes ! But is our God a gracious and merciful God ? Ohhh Yes ! What God truly desires is the repentance of a sinner and if its genuine thats all he sees. All He'll say is "go and sin no more" by reason of our human nature we're sinners constantly in need of God's grace towards perfection..
My only concern is this if the OP himself is truly grounded in Christ because what the lady needs is Christ and his grace not to go back into such ways.. I hope you see my perspective.. Cheers !

chuksjuve:
You were not once like me and I can't be you!

This just a discussion that has to do with setting the records straight about choice and consequences, forgiveness and justice ..

Until we learn to understand that choice have consequences and life must must bad behaviors we won't live our lives well,
Besides until we also understand that forgiveness cannot erase justice , we will keep living as hypocrites.

What makes you think the lady in question is not trying to manipulate the young man into accepting what might end up ruining him !

Anyways .. It's nice engaging you .
Cheers bro.. No homo wink
RomanceRe: My Dilemma: My Girlfriend's Confessions. by BarrElChapo(m): 10:47am On Oct 29, 2019
Unfortunately you must be quite unexposed with this your one sided views of life. I was once like you but I'm better.. you'd grow up hopefully but if you don't well I'd pity............
chuksjuve:
Why are you talking as if you are the victim here!

It's apparent you all only think of God's love but fail to realize that HE always gives justice and you must face the consequences of your misguided choice !

Did you think of God when you were fornicating when His holy book kicked against it?

Anyways .. I won't proceed any further before this discuss degenerate into the use of profane words.

Cheers
RomanceRe: My Dilemma: My Girlfriend's Confessions. by BarrElChapo(m): 10:30am On Oct 29, 2019
1. Do you think timing dint consult with a lot of persons before marrying his wife after those revelations
2. Do you honestly feel that he didn't have sleepless nights, doubts etc.
3. Do you honestly think when he was told rape he didn't maybe think he was being lied to ?
Everyone deserves a second chance in life, even the OP has endorsed abortions in the past, which means there's a girl out there whom he has put in this same position as his current girlfriend.
Life isn't set on stone.. It changes
safarigirl:
Some of you are really messed up in this country

It goes to show how low standards have gone, that people are saying "Forgive her, she regrets it, she's changed because she told you the truth"....20 year old girl. The ex couldn't even marry her for whatever reason, but the OP that was absent in all the abortions should come and carry her. Y'all have low standards, cuz y'all are messed up people. Na people dey marry virgins for this world, but then, how many virgin men are there?

OP, I hope you prepare yourself, because that girl needs a special man that will not run away when heat comes, because heat WILL come. Nice man, nice man, one day una go quarrel and you will remind her of all the abortions, if she can't take in, you will remember the abortions, the day you meet someone who knows of her past, you will feel awkward, you will get mad and you will blame her. It's a small world after all. One day, she will be nice to a man and you will wonder if she's sleeping with him for favors, your paranoia will be off the roof.

For you to bring such sensitive information here, means, you are having second thoughts and you are not cool with the information. Leave her now abeg, let her find another nicer man, some Timi Dakolo kind of person, not you.

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