Barristerbiodun's Posts
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In the Marital Causes Act, there is nothing like Divorce Certificate, you can only see that wrongly portrayed in Nollywoood movies. A spouse can only file a petition for divorce at the high court, if the marriage was procured via a court registry or of the marriage was registered under the Act and which marriage will now be dissolved if proved to have irretrievably broken down. Anything outside that is not recognized to be a dissolution of marriage under that MCA. |
If a tenant is owing rent for more than a reasonable period of time, usually a year, it is assumed in law that that tenant has waived his right to Notice to Quit |
The first thing you need to do is issue a Notice to Quit. If he's not physically available to receive the Notice is to paste the Notice on his entrance door or conspicuous part of his apartment and ensure you have picture evidence of the pasting of the Notice. If it's a yearly tenancy, the 6 months notice will apply. After the period of 6 months has elapsed, you issue a 7 Days Owner's Intention to Recover Premises, which can also be pasted on the entrance door. At the expiry of 7 Days, you will head to court with copies of the statutory notices and a court process already filed by your lawyer. NB: Please do not engage in Self-help or seek to break the door. It is unlawful and has serious legal consequences. Most importantly, engage a lawyer. |
I'm from Oyo State, Oyo Town. And would like to buy land to farm just like you're doing right now. I'm impressed. Is it possible to still get land at that location please? |
Since he's been owing for a period of 7 years. The right to Notice to Quit had been impliedly waived. You should engage a lawyer to issue and paste on the entrance door a 7 Days Owner's Intention to Recover Premises. And then proceed to Court. I doubt if there'll be much difference between the Recovery of Premises Laws of Lagos and that of Kaduna. NB: ensure a photograph is taken of the notice on the entrance door of the apartment for record purposes. |
Engage a lawyer to write and serve their head office a Letter of Demand/Pre-Action Notice annexing a sample of what your Statement of Claims will be like. That should make them more attentive to you. |
Well, to be on the safe side, have a notarized affidavit to the effect that both names belongs to one and the same person for record and for official purposes. The notarized affidavit should have your passport photograph attached. That should sufficiently and legally take care of your fears. |
This kind of situation is always rampant among family land holders a.k.a Omo Onile. In as much as you purchased the land from them and your legal documents and receipts are intact. You have nothing to fear about ownership. However, these Omo Oniles can make smooth transitioning of ownership very impossible, especially now that they're aware you want to sell. You must deal with this very tactfully. You must handle this situation with caution and tact. Its usual that the Omo Oniles receive something on subsequent transactions on the land, and I must say only kolanut and palm wine will not suffice. Although, they cannot and are not in the position to dictate the amount you'll give them, you must package an envelope for them, kolanut and palm wine inclusive, with a heavy dose of humility. You may also want to engage a lawyer and go together with mobile police or soldier escorts on your next meeting with them, so they know that even though you come in peace, they know you didn't come to play. Most importantly, engage a lawyer to guide you effectively |
Please be sure that the consent letter Consultant C refers to is a Power of Attorney. While a Power of Attorney does not confer title to real estate to a purchaser, it is a document to show the holder that such holder has a right to sell on the owner's behalf. You will need to engage the service of a lawyer to guide you through the process of verifying the genuineness of the documents involved. Also ensure that the Power of Attorney is stamp-dutied and registered. I |
Write an official letter to the school you enrolled your daughter in, detailing the circumstances. I am very sure they'll oblige you, it's your right. They may deduct administrative charges though. Congrats to your daughter. |
Simply means we all shall due some day. When we cry for the dead, we are in fact crying also for ourselves because no man can escape death. It is a debt we all have to pay some day. When we bury the dead, we too shall be buried some day. "Dead" burying the dead.... |
Legally speaking, in the absence of a Will by a deceased. One will have to apply for Letter of Administration from the Probate Department of the High Court of State you reside. In applying for Letter of Administration, there is a hierarchy that is judicially recognised and entrenched in the Wills Act and Wills Law of almost all the states. The hierarchy is such that the first priority is given to the Spouse of the Deceased then the children, grandchildren, parents of the deceased etc in that order. I do not know the circumstances of the situation between you and your father so I wouldn't delve into that, but to be on the safe side and so that both you and your dad can be on the same page, You and him can apply for Letter of Administration. That way, the property cannot be lawfully sold without the consent of the other. |
Congrats counsel |
Since he is owing for more than a year, you should just issue him a 7 Days Owner's Intention to Recover Premises. At least I know that's what suffices in Lagos. Afterwards, you head to court. Consult a lawyer. |
This is so sweet to read!!! All the best... |
I wouldn't judge on why you went physical with the Accountant. But please try to avoid physical altercations at any point in time henceforth. Engage a lawyer to issue a letter of pension payment. They must respond to you because the company knows the legal implications and penalty. Write the company and copy your PFA. Write the PFA and copy the company and copy the Pension Commission. |
God bless you #following [quote a UThor=IderadeAratumi post=101966158]I am a Female Nigerian in my early thirties and have been working @ the UN for several years. This thread has been created to answer specific questions you may have about working in the UN. I have been working from home since the beginning of the pandemic and my days are always extremely busy ; juggling official duties with domestic responsibilities as a wife and mother As the thread progresses, I shall be posting vacancies from several UN/international organisations in Nigeria, and also provide support with helping you to brand your CV for international organisations like the UN, but not limited to the UN. Please note that this thread is for serious minded peeps only and comments irrelevant to the purpose of this (life changing) thread will be overlooked. Kind Regards, Iderade Aratumi[/quote] |
Nice post. I actually have a brief around there I've been looking for a reliable developer for. Any leads? hedonister: |
Verbal communication of your intention to evict a tenant is nothing in the eyes of the law, and your tenant, the cooperative bank knows it and have decided you're not serious yet about evicting them, so they'll utilize as much time as they can perhaps to continue to sit tight in possession to perhaps find a 'warehouse' for their office equipment and other things at your place because you cannot lawfully unlock that premises without a court order. Your remedy is to have issued the statutory notices as provided by the Lagos Tenancy Law (I assume this property is in Lagos). You should have issued a 6 months Quit Notice which would have elapsed by now, followed by a 7 days owner's intention to apply to recover premises. However, as you have mentioned that its now more than a year since his last rent expired, the law allows you to waive issuing the 6 months notice and go straight to serving the tenant the 7 days notice after which you can apply to court. From experience though, once you issue a statutory notice to an enlightened tenant who knows the law, they then know that you're serious abiut evicting them and would most times dobthe needful by moving out and paying arrears of rent. The good thing is that you can always claim the arrears of rent usually called mesne profit once rent expires, if you go to court. Please contact a lawyer to immediately issue a notice, most advisably a 7 days notice and i can bet you would get a positive response. For further legal advice and counselling, you can call/whatsapp 08165413597. richidinho: |
Well, for some reason I think there's been several reports about orders coming especially from Naija, using stolen credit cards and fraudulently used credit cards to unlawfully make orders online. I also believe the NIPOST officials and other state/federal agencies e g NAHCO involved in courier logistics are aware of this and are exploiting the situation. What they usually do is to hold on to these items with the belief that those who unlawfully ordered will not be too confident to come physically claim the orders they made. I do not know what they do with unclaimed items though. If you have made a lawful order and you have not gotten your item(s) and you're sure it's in Nigeria, I suggest you make a formal complaint by way of letter to the concerned agency, indicating details like evidence of payment, order number etc. But your best bet will be to get the services of a lawyer. They're taken more serious. But be sure it's legit. |
Slawormir: |
Well, the mediation can only advice on the stipulated statutory provisions to evict a tenant. That is, serving a 6 months notice for a yearly tenancy and thereafter 7 Days Owner's Intention to Recover Premises. Afterwards, you would have to head to court if the tenant is still in possession. As a lawyer, going to mediation is advisable because it's faster and less costly than going to court. But what I usually do in situations like this is putting in clauses in agreements at mediation like you will claim all arrears of rent and legal fees if the matter goes to court, it encourages tenants to find alternative means without having to be liable to that clause. In this instance, your best bet will be to get a lawyer to do the needful by providing him with the notices served in the tenant and then process a writ in court. It will be a magistrate court within your jurisdiction. Get a lawyer to do the needful asap...or you can call/whatsapp Barrister Biodun on 08165413597 for further legal advice |
Your uncles cannot be served a notice to quit as they are not tenants and so do not pay rent. The more appropriate word would be Licensee because your father voluntarily gave them the permission to occupy those rooms. In a normal case, Self-Help would have sufficed but because of the familial ties it will not be advisable as the law also frowns at it.. The best and effective way to achieve their eviction will be by applying to the customary court within the jurisdiction the property is located. They will deal with the issue appropriately and will also be able to apply lawful force to execute their court orders where and when necessary to guarantee eviction. The Police may intervene though, if it has degenerated to reasonable apprehension or actual assault or threat of violence. |
Simple! Get a lawyer to apply for an order of custody stating all these facts in your affidavit. Insofar as you can show you're capable of taking care of her. No need for family meetings or involving security agencies. Once an order is sought and gotten with a perpetual injunction preventing your late husband's relatives from forcefully taking your baby again, the court will provide you with court sheriffs to go and retrieve your baby and handed over to you. |
The tradition that once a woman remarries, the child she brings into the marriage bears the new husband's name is strange to law. The position of the law will never change when it comes to custody and access to child(ren) when parents have issues. The child(ren) cannot and must not be use as a pawn between parents. Both parents have equal access and custody. Your best bet is to approach the court for custody and access to your child. All you need is to get an Order from the Magistrate court within your jurisdiction. Provide your lawyer with the evidence and documents you mentioned. Once an order is sought and gotten, the law will provide you the means by way of Court Sheriffs to ensure that the court order is adhered to. |
One of the first things you need to confirm is if your brother died testate (with a Will). You can make enquiries if you know if he one before he died. And i'm sure if he did, the lawyer will have written to all stakeholders by now depending on the time specified for the Will to be read. On the other hand, if he died intestate (without a will), the only other way you or any other member of his family can lawfully administer his property for the benefit of beneficiaries is by obtaining Letter of Administration. Letter of Administration will usually be issued to family members of close blood affinity viz-a-viz spouse, brothers, sisters, parents, children, uncles, nieces, nephews, etc. All you need is a minimum of 2 persons to stand as administrators. For fairness and equity, include the wife in the proposed administrators and have a lawyer apply to the probate registry within the jurisdiction in which he died. Most important, get a lawyer to further advise you properly and assist you professionally to guide you through the procedure. |
Hello Poster, Sorry about your marital distress. It can be a frustrating and confusing period for a man. First, I'd advise that on no occasion should you get physical or beat or manhandle her. As a lawyer, I know how that can be counter-productive for you or any man for that matter. From the title of your thread, i believe you have made up your mind already about a divorce. What you want to know is how you can do that expressly. Well, with the marriage certificate you can start divorce proceedings. And how long it will take depends on if the divorce is being contested or not especially since there is a child involved. There is need to determine on what grounds you want a divorce. There are several grounds for dissolution of marriage and from what you have stated in your post, you can cite irreconcilable differences. For further advice you will need to contact a lawyer. We may also assist you in rendering our legal services. Check our signature or whatsapp Barr Biodun on 08165413597. Till then, please stay safe sir. |
markidoo:watch the video well...during the struugle, his friends/colleagues smuggled something(i guess the drugs out of his pocket) |
Nice |
really nice read |
Dear Poster, Sorry about your predicament. However, let me point out that for a yearly tenant, you're entitled to 6 months notice. This Notice to Quit can be served even during the pendency of a valid tenancy (when your rent has not expired). After the expiration of 6 months from the service of quit notice, you will be further served a 7 days owner's intention to recover property. This is the requirement of the tenancy law of Lagos state, after which if your landlord is serious about evicting all tenants, he may now proceed to court. There is usually no legal defence to recovery of premises by owner, except a very good lawyer can exploit the technicalities and defects in the notices served. If it follows the stipulated and prescribed format, anything asides that will render a notice defective. Which in that case, silence is always best till you get to court, point it out to the magistrate and the matter will be struck out. And also several tactics can be employed to stall tenancy matter, and owner will not have a choice than to negotiate. In your case, i will suggest a negotiation/dialogue with your landlord (with other tenants too), since you may want to avoid a confrontation. Perhaps you may find a solution. In the meantime, I would advice that you get a lawyer to study the quit notice served on you. |
Sorry for the what you're going through. Well, its easy for a marriage certifcate to be torn, there are copies and records that can be obtained at the registry where the marriage took place. Ita very wise, logical and reasonable for you to want to avoid future obstacles that may arise out of something the other person thought was insignificant. There are so many ancillary issues that may arise, like intestate matters incase one party dies..and the issue of bigamy. Get a lawyer to initiate divorce proceedings here in Nigeria. Within 6 months, your divorce certificate should be ready so far its not contested. I'm a lawyer and i can help with that. Message me if you can for further advice and action, you can send me a message/whatsapp 0 8 1 6 5 4 1 3 5 9 7 |
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