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Barristerbiodun's Posts

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Investment / Re: How Can I Get My Money From African Alliance Insurance Company? by barristerbiodun(m): 10:14am On Apr 04
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.

1 Like

Jobs/Vacancies / Re: Can A Person Be Denied Jobs Because Of Name Arrangement by barristerbiodun(m): 10:54am On Sep 14, 2023
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.
Properties / Re: The Families Who Sold Land To Me Wants Their Cut. by barristerbiodun(m): 1:16pm On Sep 06, 2023
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

3 Likes

Properties / Re: How Can I Avoid Being Scammed, I'm About To Buy A House by barristerbiodun(m): 2:40pm On Aug 16, 2023
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
Education / Re: Should My Daughter Still Go To Airforce School by barristerbiodun(m): 9:07pm On Oct 01, 2022
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.

1 Like

Religion / Re: Let The Dead Bury The Dead (What Jesus Actually Meant?) by barristerbiodun(m): 10:09am On Jun 19, 2022
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....
Family / Re: My Father Is Dragging My Mom's Property With Me by barristerbiodun(m): 2:38pm On Apr 16, 2022
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.

3 Likes

Education / Re: Nairalander, Gavel, Bags Phd In Law From Nnamdi Azikiwe University, Awka by barristerbiodun(m): 11:44am On Mar 19, 2022
Congrats counsel
Properties / Re: How Do I Eject This Tenant? by barristerbiodun(m): 9:04am On Mar 17, 2022
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.

2 Likes

Education / Re: New Photo Of Ekuma Jeremiah, Hawker Obi Cubana Sponsored To School by barristerbiodun(m): 7:58pm On Feb 26, 2022
This is so sweet to read!!! All the best...
Jobs/Vacancies / Re: How Can I Recover My Unpaid Pension With My Former Company by barristerbiodun(m): 4:42pm On Jan 04, 2022
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.
Jobs/Vacancies / Re: Getting A Job In The United Nations Demystified by barristerbiodun(m): 9:42am On May 23, 2021
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 cry. Notwithstanding, I will try my best to select serious questions and provide comprehensive feedback that will help you kick start your journey in this regard.

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]
Travel / Re: What Herbert Macaulay Way In Yaba, Lagos Looks Like In 2021 (pics, Video) by barristerbiodun(m): 7:26pm On Jan 04, 2021
Nice post. I actually have a brief around there I've been looking for a reliable developer for. Any leads?




hedonister:
I drove around one of the most popular high streets in Lagos. The Herbert Macaulay way is located in Yaba and is also contiguous to Ebute Meta. The road also connects the Mainland to the Island.

It's a street that is named after Nigeria's foremost nationalist, Herbert Macaulay.

I hope you enjoy the pictures and video


https://www.youtube.com/watch?v=44RXvn5-kjM

Properties / Re: My Tenant Has Refused To Pack Out For Over A Year Now, Help Please! by barristerbiodun(m): 8:57am On Dec 10, 2020
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:
Please nairalanders i need your help here, A cooperative bank is occupying one of my shops but had the particular branch closed for over a year now.

I have been calling the CEO to come and open the shop for me i dont even need the more than a year's rent again.

What should i do please?

3 Likes 1 Share

Technology Market / Re: Is NIPOST Deliberately Withholding Phones Ordered From Aliexpress? by barristerbiodun(m): 1:32pm On Sep 21, 2020
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.
Politics / Re: Court Orders Substituted Service Of Disqualification Suit On Ize-iyamu by barristerbiodun(m): 10:09am On Aug 11, 2020
Slawormir:
Damnnnnn niggarrr
Isoright
The beginning of the end of ize iya mumu

1 Like

Properties / Re: Our Tenant Refuses To Vacate Our Apartment After About 10 Months Quit Notice! by barristerbiodun(m): 7:59am On Dec 20, 2019
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

3 Likes

Family / Re: How Can My Parents Evict My Troublesome Uncles? by barristerbiodun(m): 1:55pm On Dec 05, 2019
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.
Family / Re: Vera Ogbebor: Battle For Child Custody by barristerbiodun(m): 11:43pm On Jul 17, 2019
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.

3 Likes

Family / Re: How Do I Take Custody Of My Beloved Son? by barristerbiodun(m): 6:22am On Jul 13, 2019
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.
Family / Re: How Do You Recover Money From A Dead Relative Bank Account? by barristerbiodun(m): 9:19pm On Jul 03, 2019
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.
Family / Re: How Can I Divorce Expressly? See My Reasons by barristerbiodun(m): 12:26pm On Jan 04, 2019
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.
Crime / Re: Nigerian Drug Dealer Refuses To Be Arrested In South Africa. Photos by barristerbiodun(m): 8:07am On Dec 27, 2018
markidoo:
Las las them go still arrest you why struggle??

watch the video well...during the struugle, his friends/colleagues smuggled something(i guess the drugs out of his pocket)
Literature / Re: Igbo-smoking Keke Driver by barristerbiodun(m): 12:31pm On Dec 24, 2018
Nice
Literature / Re: 'Lost But Satisfied' A Thriller By Akíntayo Akinjide by barristerbiodun(m): 9:35am On Dec 24, 2018
really nice read
Properties / Re: Legal Advice Needed, My Landlord Just Brought Quit Notice For All Tenants. by barristerbiodun(m): 9:54am On Dec 16, 2018
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.
Family / Re: Marriage Gone Wrong by barristerbiodun(m): 7:29am On Dec 10, 2018
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
Business / Re: What's The One Thing You Still Manage To Buy When You're Broke? by barristerbiodun(m): 7:40pm On Oct 05, 2018
smiley
Literature / Re: HIDDEN DARKNESS By Jon Doe by barristerbiodun(m): 11:13am On Jul 13, 2018
Nice plot. This can be made into a movie...
Properties / Re: My Tenant Refused To Park Out After His Rent Expired by barristerbiodun(m): 2:58pm On Dec 16, 2017
mfm04622:


Go back to court and tell them he refused to leave. Ask court to provide bailiffs to evict him.

Please on no account should you use self help to evict him. Use the court process you have started. Remember you may also sue him to recover rent he owe for the time he spent without paying. After getting such judgement, if he doesn't pay, you can ask court to attach his properties.



As a lawyer, I believe my legal advice should suffice...since your tenant's rent had expired since August...all you need is 7 Days Owners intention to Recover Possession....this will be drafted by lawyer...after the expiration of 7 days from when the notice has been served...landlord will now proceed to court to get a lawful eviction, anything apart from this way will be unlawful...forceful eviction will make you liable so be careful...your best bet is proceed to court after the expiration of 7 days...pay your lawyer!

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