Career › Re: Interesting! Legal Diary: Legal Stories And Legal Opinions by Electroweb(m): 11:45am On Apr 11, 2017 |
Withambition: The Maku family owned a large parcel of land at Gbogboelamase Town which they inherited from their Late father who gave birth to 4 children; Sola, Tunde, Lekan, Iwalewa. The Head of the family, Chief Sola Maku sold the parcel of Land to Madam Anunla in 2001 after a family meeting with Mr. Tunde Maku and Mrs. Iwalewa Ogun (Nee Maku) where they agreed to sell the Land. Madam Anunla went ahead to obtain a Certificate of Occupancy (C of O) from the government in respect of the said Land in 2002. Mr. Lekan Maku was intentionally absent at the meeting claiming that he wasn't in agreement with the sale of the land and will reserve his comment for the main time. Mr. Lekan Maku later went ahead to sell the same parcel of land to Mr. Mike Zuru in 2004 claiming that he was the only one that has a right to sell the land because he is their father's favourite. Mr. Mike Zuru immediately obtained a Certificate of Occupancy in respect of the same parcel of land and started building a mansion on it. On getting to know of Mr. Mike Zuru's building on the said Land, Madam Anunla remembered her boyfriend then, Mr. Ndubuisi who read Law while they were in the University told her the owner of the land owns everything affixed to the land and decided she was going to wait till the completion of the mansion before she claims the Land. Mr. Mike Zuru completed the mansion in January, 2017 and Madam Anunla has gotten a lawyer to claim the said land arguing that she is the original owner of the land. Mr. Mike Zuru ran to my Chamber seeking my Legal advice while swimming in the fear of losing his investment. Points To Note: 1. A Family Land is a land that is owned jointly by the members of a family; there is corporate ownership of such land. 2. A Family Land can only be validly sold by the Family Head with the consent of the principal members of the family. The practice is that the sale is valid where the Family Head sells the land with the consent of a majority of the principal members of the family. 3. If the Family Head sells the Family Land without the consent the principal members of the family, such sale is voidable; it will be valid only if the principal members of the family subsequently agrees to the sale. 4. If a family member sells the Family Land without the consent of the Family Head and other principal members of the society, such sale is totally invalid. 5. The Certificate of Occupancy is does not guarantee automatic title. The Law is that the Land belong to the par that can show a superior, better or paramount title to the Land. 6. Whatever is affixed to the land belongs to the Land/owner- (quic quid plantatur solo solo cedit). In essense, even if you build one billion Naira house on another man's land, the general law is that the owner of the land is the owner of such house. Awoof? Yes! Awoof... 7. You cannot give what you don't have. (nemo dat quod non habet). If you don't have title or interest in a land, then you don't have a valid title to transfer to any other person. In essence, anybody that buys a land from someone who has no right to sell it has bought nothing. In short, make your finding well before you buy any landed property. 8. If you delay in claiming your right, the law will not help you. Delay defeats equity. NOTE: Don't sleep on your right. The maximum period for claiming your right on a land is 12years after which the Limitation Law will bar you from bringing an action to enforce your right. Also, where you see someone trespassing on your Land and you don't take legal steps immediately but standby while watching, it will be taken that you have agreed that the person on the Land should be using the said Land and you are a father Christmas in any month you do that. For short, it will be taken that the trespasser has clicked "Get Help" and you've clicked "Provide Help". 9. The Limitation period starts counting from the moment the Land owner comes to the knowledge of the trespass or encroachment on his land. ACT PROMPTLY!!! The moment you see anybody trespassing on your land get a lawyer to help you write to such trespasser as well as to place CAUTION/CAVEAT on the said Land. 10. Long possession of a land is regards generally as evidence of ownership until it is proved otherwise. If you delay in bringing an action, you will be unable to get a chance to prove that you're the rightful owner and the trespasser that has been in possession for a long time will continue to dwell there. Painful? Yes! But that's the position of the Law. However, possession, no matter how long, does not amount to ownership. Did I hear somebody saying he will go and do jazz against him? Well, the law does not recognize jazz. In view of these, I suppose you should have gotten an understanding of the legal rights of the parties. Chief Sola Maku, the Family Head, rightfully sold the Family land to Madam Anunla because he sold it with the consent of the Majority of the principal members of family. Therefore, Madam Anunla has a valid title. Mr. Lekan Maku's sale of the family Land to Mr. Mike Zuru without the consent of the Family Head and other principal members of the family is invalid. This is because Mr. Lekan cannot give what he doesn't have which means Mr. Mike Zuru bought nothing. Originally, the Mansion Mr. Mike Zuru built on the said Land should belong to Madam Anunla because whatever is affixed to the Land belongs to the Land/Owner. Madam Anunla owns the land and should be the owner of the structure built on it. However, Madam Anunla went ahead to buy a Mouka Foam and slept on her right. In other word, she delayed in claiming her interest in the Land and, apart from the fact the period has exceeded 12years stipulated by the Limitation Law, seeing the trespasser building on her land and saying nothing is taken as acquiescence under the Law. Ultimately, although the Land rightfully belongs to Madam Anunla but since she's barred by the Limitation Law from suing, the whole situation is in favour of Mr. Mike Zuru who is allowed to remain in possession of the Land.
MY LEGAL DIARY Joseph Jagunmolu Ogunmodede This is very enlightening. My question is...if someone is buying a property from a family via the family head, how can he confirm that all the other family members have consented to the sale? Is a verbal confirmation in order or should he have a signed document from all of them before parting with money? You know that for Deed of assgnment or lease is ususally signed as money exchanges hands and the family members don't all sign at the same time claiming to be outside the country. So is there a document to ask from the head of family or is verbal affirmation enough? Experts in the house can answer too. Thanks |
Properties › Re: Automatic Gate, Usin Remote Control by Electroweb(m): 12:38pm On Apr 10, 2017 |
Can the sliding gate be roled by hand when there is no battery and electricity supply? |
Travel › Re: On Vacation: New York City by Electroweb(m): 7:57am On Apr 10, 2017 |
Originalsly: Ha!...if I'm here after 6 months.... then the obvious....that I'm based here... doesn't have to be stated...but the question would then be legally?...or ehmmm.... let me shut up! A matured response. I thought you were gonna come out with guns blasting. Lol. Well keep the pictures coming. As i said, I am enjoying them. |
TV/Movies › Re: Efe Wins Big Brother Naija 2017 by Electroweb(m): 9:48pm On Apr 09, 2017 |
I guess it was his humble nature that won the hearts of many. |
Literature › Re: The Most Memorable Book You Read by Electroweb(m): 7:41am On Apr 09, 2017 |
Oliver Twist by Charles Dickens 1 Like |
Travel › Re: On Vacation: New York City by Electroweb(m): 8:20pm On Apr 07, 2017 |
lymelyte: enemy of progress.. Lol. You are funny. I am only stating the obvious. How many months does one take for vacation? Lets be realistic. I think he should just state that he is based in the US. I enjoy the pictures being posted. |
Travel › Re: On Vacation: New York City by Electroweb(m): 9:34pm On Apr 06, 2017 |
You have been on vacation for sometime months now. Somfin fishy about it...The truth will come out soon. |
TV/Movies › Re: Patrick Ityohegh Is Dead (Former NTA Director-General) by Electroweb(m): 9:28pm On Apr 06, 2017 |
R.I.P |
Romance › Re: "Nigerian Lady Dumps Her Fiance After Helping Her Arrive America" by Electroweb(m): 2:21pm On Mar 29, 2017 |
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Nairaland General › Re: Nigerian Girls At Aduro Camp In Italy Apologize Over Their Viral Fight Video by Electroweb(m): 1:38pm On Mar 29, 2017 |
The hustle is real. |
Romance › Re: She Has Been Begging To Be My Girlfriend by Electroweb(m): 12:57pm On Mar 29, 2017 |
Its because you know she likes you that is why you dont value her. Thats why Nigerian girls always give conflicting signals to keep the guys guessing. |
Crime › Re: Expired Drips Are Repackaged In Onitsha & Dates Changed (Photos) by Electroweb(m): 6:06pm On Mar 27, 2017 |
These are the so called businessmen that import substandard ekectronics from China causing fire outbreaks all over the country. Selling expired drugs , killing people, making astronomical profits from the pains of others. It saddens me. Smh |
Career › Re: I Caught My Boss Pants Down With The Organization's Secretary by Electroweb(m): 1:45pm On Mar 24, 2017 |
For you to collect money from the secretary makes you an accomplise. If you continue to take money from her she can rope you in on something. Stop collecting the money from her. Keep the recording. Act like nothing happened. Be careful in your further dealings if not your days in the firm will be numbered. |
Business › Re: NAIRA WATCH: Panic Grips Forex Dealers As Naira Rises To N385/$ by Electroweb(m): 9:11am On Mar 24, 2017 |
This is a good development. One thing that has not changed is international airfares for direct flights to US from Lagos. Can experts in the house throw light on this? |
Travel › Re: Lack Of Traveling Passport Booklet At Immigration by Electroweb(m): 9:41pm On Mar 22, 2017 |
I dont know why the govt is not doing anything about it. |
Business › Re: Naira Dramatically Recovers To N405/$1 After MPC Decisions by Electroweb(m): 3:48pm On Mar 22, 2017 |
I suspect there is so much dollars in the system. Speculators are having their fingers burnt. Now they want to offload their dollars. The sooner they offload it the better because this exchange rate is heading to N240 per dollar before third quarter of the year 2017. My projections... |
Business › Re: Naira Watch: Naira Appreciates To N420/$ by Electroweb(m): 1:45pm On Mar 22, 2017 |
I suspect there is so much dollars in the system. Speculators are having their fingers burnt. Now they want to offload their dollars. The sooner they offload it the better because this exchange rate is heading to N240 per dollar before third quarter of the year 2017. |
Travel › Re: These Are The 15 Best Airports In The World - Skytrax by Electroweb(m): 8:08pm On Mar 21, 2017 |
What about the airports in Dubai? |
Education › Re: Quantitative Reasoning For Primary 4 Textbook by Electroweb(m): 6:38pm On Mar 21, 2017 |
Something about this question. The child has to use an overall view to solve it. |
Celebrities › Re: Photos Of Rita Dominic As A Beautiful Bride In Wedding Gown by Electroweb(m): 1:52pm On Mar 20, 2017 |
All these women look alike after make up. Maybe they all attend the same make-up training school. |
Properties › Re: Follow Me To Thank God by Electroweb(m): 11:05am On Mar 17, 2017 |
Where can someone buy quality eletrical fittings in Ikeja. The ones that are sold by these traders are of low quality and fake version of the original ones. |
Celebrities › Re: H-I Idibia, Tuface's Brother Denied Entry Into The US Where He Lives (Pics) by Electroweb(m): 2:59pm On Mar 09, 2017 |
Maybe he has been staying illegally all this years in the US...just a thought. |
Career › Re: AMCON May Sack Over 1,500 At Arik Over Low Revenue by Electroweb(m): 8:55am On Mar 03, 2017 |
chloedogie: Before you shoot down this administration that we are all praying God to help, let me tell you something. Some sensitive documents(large) were usually bn sent to me from Lagos through Aero airlines. Those docs will be properly documented at the front desk, with waybill numbers given but when I go to the airport(ABUJA) to pick them up, I will discover the waybill given us never existed. I will be asked to go to one back gate and meet some hard looking guys to collect my items. Deep down, I knew it was 100% illegal. Aero shut down last year and we switched to Arik. Their staff too were doing the same thing and I can remember telling one of their staff this. ''If AERO sacked staff were given another opportunity, do you think they will still practice ds illegal things that kills the company?'' Not up to 5 months after I spoke with him, the company went down. Nigerian employees need a better orientation about the govt, companies or organizations they work for. We are not content with our salaries and trying to short-change the company puts your own job in jeopardy in the nearest future. Imagine millions those airlines lost to illegal practices by the staff. Millions of naira not remitted into the company's account and yet when the company goes down, we all rush to the door of the government shouting foul play.
Arik airline once swapped my MD's first class seat for one unknown senator's economy seat last year because they were given maybe 10k tip to do so by the politician that has only 4 years in his job. I can remember my MD telling the Arik people that whoever the senator is and no matter how large his extended family is, he can feed them for the next 10 years( him bn a billionaire). My MD had to wait till the next day to fly his usual business class. January this year, himself with the company switched to airpeace. Ask me if they have not finished spending the 10k given them. Now they face sack. Government has its own blame too but majority of the blame goes to the so called owners and staff of these companies.
Have a good weekend bro and let's keep praying for this nation. E GO BETTER ONE DAY LAGBARA OLORUN. CHEERS. I think companies should incorporate whistleblowing procedure into their website whereby people can anonimously report issues. Arik had this financial coming. There are some times you go to their website to book a flight only to find it is fully booked. When you go to the airport to book other flights, you will see touts selling the Arik flight tickets at a higher prize to people. Where did the touts get the tickets from? Sometimes the plane will go half full because of hoarded tickets. The staffs have already collected their payoff/ pension from all these shady practices. |
Car Talk › Vehicle Re-upholstery by Electroweb(op): 12:26pm On Mar 01, 2017 |
Hello Nairalanders, I need info from experts in the forum. I want change the upholstery of my 1999 honda accord. How much will it cost me? |
Business › Re: Food Exportation: My Experience With NAFDAC by Electroweb(m): 7:06am On Feb 28, 2017 |
Zdoh: This is are the simple mistake most newbies makes when they want to start exportation.Normally you are suppose to visit those agency before you proceed on your business but according what you narrated here those staff wanted extort you maybe just the way you present your business proposal.This is reason you need a credible freight forwarder who will be in position to arrange all your export documents. According to you,the kind of exportation you about to venture is still mini exportation. If you want to export your products without azle,kindly contact us at MYINTEG EXPRESS SERVICES Call/Whatsapp 08088759163 We will gladly work you through. Are you working him/ her through for free? Be clear about that. |
Phones › Re: The Too Many Lies And Fake Lives Being Lived On Social Media: My Experience by Electroweb(m): 10:36pm On Feb 26, 2017 |
Research has shown that too much social media (monitoring the progress of others) causes depression. |
Business › Re: CBN Introduces New Charges On Bank Deposits And Withdrawals by Electroweb(m): 12:27pm On Feb 24, 2017 |
Adesiji77: The CBN circular...
Cc: Electroweb Thanks for the circular. |
Business › Re: CBN Introduces New Charges On Bank Deposits And Withdrawals by Electroweb(m): 9:01am On Feb 24, 2017 |
Its so difficult to keep track of all this charges. CBN should publish the current list of charges. |
Travel › Re: I Need Help With Accomodation In Boston by Electroweb(m): 9:47pm On Feb 22, 2017 |
Well 2.5m is okay for you guys. You will take airline that costs at most N380k per person, then for accomodation: airbnb or Extended Stay America is okay. For extended stay, all of u will stay in two rooms with two bigs beds. This estimate excludes food and transport in the US. |
Health › Re: Mango Worms Aka Mango Fly: What You Need To Know About (VIDEO) by Electroweb(m): 8:07pm On Feb 22, 2017 |
This reminds me of the Botfly larvae. It burrows itself in human flesh too. Google and youtube is your friend. |
Celebrities › Re: Ex-girlfriend Davido's Steps Out In A Very Short Black Dress by Electroweb(m): 12:41pm On Feb 22, 2017 |
Who can guess what her skills are? |
Crime › Re: Nigerian Man Loses N240m To Xenophobia by Electroweb(m): 11:39am On Feb 22, 2017 |
mmsen: Instead of 'seeking greener pastures' maybe those that went there should learn from the experience and build their own country instead of building on the backs of another group's suffering.
Hold your own leaders to account. Rid yourself of your own destructive practices and institutions and you will not need to go to South Africa or elsewhere. Well, there are some things that are within your control. Fighting corruption in Nigeria is not one of them or else stories that touch will be your case. Seeking greener pastures outside the country is in your control and your choice. One can go in that direction. Not all Americans are living or making a living in America with all the enablement there. Regards Nigeria my beloved country, we will continue praying for divine intervention. |