Candyguyofficia's Posts
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budaatum:I just did I encountered challenge as I lost the text and had to type again but I didn't have time to double check spelling, punctuation and editing generally. You know we have many English teachers here. ![]() |
Let me break down the analysis of court marriage. There are basically 2 types of Marriage: 1) Ethnic Customary Law Marriage (Islamic marriage is also categorised under this type of marriage as it seem as a special form of customary law marriage and not a distinct form of marriage) 2) Marriage under the Act also called "Court Marriage", "Christian marriage". It is important to state that some Christian marriage are just fanfare and are not Marriage under the Act as some lack the periquisite (this is based on technicality I won't bore you with) Reasons why some persons Opts for Marriage Under the Act/ "Court Marriage" 1) Obnoxious Customary Practices that are discriminatory 2) To guarantee the immediate family of the man that marry. Or as some form of assurance that the immediate family will be fine. 3) Succession Matters i.e inheritance 4) Also because they don't want the existence of another marriage outside the valid subsisting "Court Marriage" as it frown at polygamy An overview of the nature of Customary Law Marriage. As a general rule in Nigeria and most Africa countries most widows cannot inherit from their deceased husband property as these females are regarded as property that should be managed, "shared" and governed, as a "property" cannot manage another property. In Osilaja v Osilaja the Supreme Court stated that the customary law rule that a widow cannot inherit her husband's estate has become so notorious (kindly note that "notorious" do not mean as negative word as defined in English dictionary rather it notorious as used by the court means so popular very popular) by frequent proof in courts that it has become judicially noticed. Marriage under the Act Vis a Vis Succession Matters The type of marriage celebrated by an individual has a significant role to play in determining the type of law that will apply in the dissolution/distribution of the estate (property) of the deceased who dies intestate (without a Will), this is because marriage influence personal law. For a person who during his lifetime contracted a Marriage under the Act the custom which the person was naturally subjected to by nature will not be applicable as regard how the deceased estate (property) will be shared rather it will be the English Law that will govern the distribution of the estate. English Law do not generally mean the Received English Law will be what will be applicable as local legislation can/will be applied such as the Administration of Estate Law However, in Cole v Cole, Mr. Cole a native of Lagos who also died in Lagos during his lifetime got married to a Sierra Leonea and contracted Marriage under the Act/"Court Marriage", Mr. Cole died with is wife, child and his own brother surviving him. Upon Mr. Cole death, is brother went to court to be declared customary heir (i.e right to inherit ALL of his brother's property solely in accordance with the custom to which the late Mr. Cole was naturally subjected to), the court in interpreting section 14, 19 of the Supreme Court Ordinance of 1876 held that customary law is not the applicable law to the distribution of the estate/property of Late Mr. Cole (meaning Cole brother can't inherit his brother's property in line with custom of Late Mr. Cole) but the English Law this is because the Late Mr. Cole had contracted a Marriage under the Act/"Court Marriage" sometimes referred to as Christian Marriage (Note I said earlier that some Christian marriage in practice are fanfare as they do not constitute Marriage under the Act, its technical but like I said I won't bore you with it). The decision of the court in Cole v Cole is in line with Section 49 (5) of the Administration of Estate Law. To OP: The type of marriage a person contract in his lifetime is one of the most important decision a person can make in his/her lifetime and mosttimes the implication of which is brought to bear when the party is long dead. (I know Africans we don't really fancy talking abt death but everyone know it will come one time or the other). In law as it is always said a good lawyer know the law but a great lawyer know all the exception and when to apply the law. You must choose an option that best suit you, and you must bring other factors into bear some factors that you may not possibly have imagined but one that a skilled lawyer can only bring to bear. Like I said knowing when to apply the law and the exception is more important, Marriage under the Act can be contracted immediately, before or after customary law marriage, it can be contracted alone without customary law marriage just the way customary law marriage can be contracted alone with "Court Marriage". Likewise "Court Marriage can be contracted many days, month, years, decade after customary law marriage and the "Court Marriage will be of effect. I have thrown away all the relevant pieces and given you only the useful pieces to the puzzle. You could talk to a lawyer or anyone skilled in law. Observation: I observed some persons insinuating that Marriage under the Act is above customary law marriage, some stating that Marriage under the Act is the one recognise by law. Please be guided, Marriage under the Act and Customary law marriage in the eye of the law are equal for as long as both marriages are valid, the only thing is you cannot work in UAC and want to be paid in John Holt meaning if you contracted a customary law marriage you cannot seek the benefits of Marriage under the Act just the same way if you contract a Marriage under the Act you cannot seek the benefit of Customary law marriage but note the court will not reply on any custom guiding a practice if such a custom in the opinion of the court is repugnant against natural justice, equity, good conscience and public policy |
Lexusgs430:At bolded, he is complaining the cost of extraction which is 30k is it the cost of extracting the nerve that he can pay? The procedure for the 2 teeth will cost him nothing less than 95k minimum (depending on the clinic). If he doubt me he should go and contact the dentist thereafter post the cost he was charged |
... Nigerians love funfair is the Governor sure people won't rather opt for mass burial than doing burial ceremony without refreshments. Another stuff is that the eldest surviving son of the deceased maybe in another state/country and presently there is travel restriction, in Africa the role of the 'eldest surviving son' in such event as burial cannot be overemphasized but at times like this people must adopt to changes in popular culture due to government policies and health concern, for a start the burial could be streamed online. The virus ish is getting out of hand I pray a vaccine/cure is found on time. |
Bethel4Life:I watched it on CNN when Trump and some medical personnel were addressing the nation. Bring fact to disprove rather than discrediting what you not privy to |
awhybliss:The change of name OP need is different from yours. He/she will definitely need the change of name to be published in a Newspaper |
Are you male or female? Change of name has no side effect strito senso. If you a male I will advise you change your name before graduation so it reflect on your certificate once and for all, if you female I will advise same although if you female you may still have to change your name later on. MODIFIED: A copy of the newspaper publication indicating the change of name send a copy to the office of the registrar copy the office of the Dean of student affairs and if there is any other office you may be required to copy such as the Dean of your faculty, copy the offices as well this way there will be ZERO ish in processing your certificate due to any inconsistency as regard name in your O'level certificate.Its best you start a new chapter of your life (with the change of name ) with your certificate bearing such name n this will also be recorded in your NYSC discharge certificate |
SSam01:The court have ruled over and over again even in the case of Edet v Essien that such Customary practice is repugnant to natural justice, equity and good conscience. Section 18 (3) of the Evidence Act 2011 back up the ruling of court in cases with similar fact and the provision stipulate that In any judicial proceeding where any custom is relied upon, it shall not be enforced as law If it is contrary to natural justice, equity, good conscience and public policy. At second bold yes, you didn't convince me but you confused most persons ![]() |
[quote author=2goodbobo post=88395448]Ogbeni how sure are you that the terminated pregnancy was yours in the first place? Grow some balls and free that girl. Focus on how to make money because thats suppose to be your priority now. Imagine 1Milli jst go like that and na woman u still dey tink of?[/quote]The girl must have collected money from atleast 10 boys that is if really she was pregnant |
Slawormir:Lol... The above is what you type mosttimes |
...if you both not married (under the Act or Native Law n Custom) there is nothing to seperate. The court have stated over and over again cohabitation do not metamorphose to the status of marriage. As you said there is a child in the picture, you and the lady could draw up an agreement on child visitation and child maintenance, custody etc. Or you could see a lawyer or an arbitrator or mediator to guide you through the agreement, or visit the Ministry of Women Affair and Child Development to assist in drawing the plan. Long and short of it you and the lady could reach an agreement based on mutual understanding and compromise as the children are allegedly yours. However, I feel you have doubt as to your marital status, if you could be a bit explicit as to any conduct or act that was done between you and the lady then you could get a better expose. From what you stated the above is your legal stance. NOTE: Part payment of dowry with all other condition precedent for a valid customary law marriage do not affect the validity of a customary law marriage as dowry can be paid on credit as long as consideration was furnished, it's immaterial whether such consideration was full or partial as long as it was adequate and accepted at the material time |
Corrinthians:Even in QUARANTINE center there need to be proper spacing (social distancing) so that a new patient do not detoriate the health status of a recovering patient. The only exception to the above is if the facility plan on wearing patient on bed protective garment (head to toe) and as I believe you must have read or heard Nigerian doctors complaining of insufficient face mask, if face mask is insufficient do you think protective garment for patient will be sufficient? |
shiwex:You shortsighted? Didn't you read the part where I wrote it's isn't out of line for NCDC to revoke the ambassadorial deal |
[quote author=3kay945 post=88120964]Many have already mentioned you so I will be brief with you. I appreciate it A celebrity shouldn't do that shi.t she did. Whether ambassador or not. I totally agree with you, for she did a wrong but not an offence if it does not offend the laid down regulation. Cos her fan will want to do same regardless the number of attendees. No doubt about that why I said should NCDC decide to revoke her alleged ambassadorial deal that it would be a step in the right direction. And aunty Coro keeps spreading that thing. I will also like to state that I'm not her hater neither I'm I a fan, my assertions are without bias. I even saw her at the Airport before the Corona virus, she was studying RCCG devotional with a big glass on her face trying to minimise attention, I knew she was the one but I wasn't star struck I just walked pass even though I wonder why she wasn't at the protocol loudge or the paid segment /quote] |
maasoap:I understand that even in a gathering of 2 all that is required for Covid 19 to spread is just one infected person or an infested surface but the regulation forbidden the gathering of persons states not more than 20 persons (that's the regulation) if the invitee don't exceed 20 it's not a crime so long Funke and the family take adequate precaution as a preventive measure (such as checking temperature of guest, washing and santizing of hand, etc which is standard procedure in some places like bank of which some of Funke online critic go to with a population of less or more than 20 ) she hasn't committed as offence even though she is isn't right. I totally agree with you even been out on the street isn't safe at this moment but the country that forbid gathering of 2 persons they brought out a regulation/legislation until same is done in Nigeria or in some selected state which Funke is/was resident, I feel some of the bashing to Funke isn't deserved that do not mean the alleged ambassadorial deal shouldn't be revoked by NCDC . If our regulation forbid gathering of 2 person, then Funke would have committed an offence by inviting guests, for that reason I feel SOME of the bashing isn't JUSTIFIED because some of the persons bashing her go to places with person's less than 20 or more than and such places include place of worship, bank etc. In a nutshell, it's just distinguishing civil, criminal and moral wrongs and the premium each person place on it but after all said and done their "offence" will be decided vis-a-vis government regulation |
maasoap:While I totally understand your perspective from the first bold, I'm concerned about person's critising her on the bases of allegedly been a NCDC ambassador, there is a line between public morality n the law, she hasn't committed any crime if the person's in attendance including her nuclear family is less or 20 persons. At the second bold part, if she is sure of her health status, her kids and her husband is she sure of the person health status that will bring the cake to the house for the house party of JUST her nuclear family? Is it not or almost same risk as the guests she invited. Please don't say it's just one person bringing the cake n should she go to the market to buy foodstuff for her nuclear family party, is it not same risk as the party she organized? The point I'm trying to make is that one can never be so health conscious to avoid any health lapses that could be fatal. As long as attendance isn't more than 20, her "offence" can slide. What's your opinion on the Taraba couple that wedded indoor? I would love to state that I do not support Funke act, should her alleged ambassadorial deal be cancelled it wouldn't be a step in the wrong direction (as ambassadorial deal and public morality are linked strongly together) all im simply saying is that SOME of the bashing she is receiving on social media is not justified as long as EVERYONE in attendance do not exceed 20 |
Dpaulie:Old enough to be older and sensible than you |
Would you people have attacked her if it's just her, her husband and kids celebrating? You critising her did you attend your place of worship with a population of more or less than 20 persons? Meanwhile, in the other thread those critising Funke and her husband are still the one hailing the Taraba couple that wed indoor. You people should chill, as long as the attendance do not exceed 20 persons. |
Michelle55: Very true |
bskyb:You are a good man/woman. I read the thread from the beginning to this last page. God bless you, |
FabulousAutos:You get mind ooh |
setobaba:Yes it is except there is a new policy of which I very much doubt the existence of any as regard the nature |
owelle22:I almost thought it was '05 cuz of the light, n a buyer may just buy it thinking it's '05 |
sholay2011:No doubt, she said our mind |
Abujaexpress:I didn't have any intention of commenting on your post but had to quote you to atleast make sure the post get to you. Some have told you to accept her back but something strong is telling me that you shouldn't accept her. I know the job situation of this country but it shouldn't guilt trip you to accepting her back. Just a word is more than sufficient for a wise man and an aside I feel you should work on your temper I know you will say you don't have anger issue like you said earlier but try n take it nice n cool when pressured n have limited time to deliver. |
Ijawwomaninoyo:...I was trying to be really modest with figure. I know it's really worth far more than that |
Ijawwomaninoyo:I was trying to be really modest with figure |
highbee02:Even the pastor admitted he did the ritual because he was broke n was paid 210k. Even the "pastor" is broke but claim can make others rich n d boy couldn't invest the 210k in business |
godunia:Sir 120k, 15 years ago should be more than 500k today. Happy Marriage Life. Op I think it's possible though |
wordbank:Your post really made me laff hard. No doubt you have said the truth |
...bro, it's a matter of principle don't mix work with pleasure. It barely ends well that one can easily generalise n still be right that it never ends well. It's not good to poop where one eat. If you know you know. A word is enough for the wise |
