Normally, after the defendant is not showing up and the bailiff shows evidence of summons delivery which is by doing one of the two above, the judge progresses the case to the next stage.
Your lawyer should have confirmed the bailiff delivered and mentioned it to the judge that the paper was delivered and as such the defendant had no reason not to show up but was ignoring the court and so the case should proceed to mentionor hearing. (appearance - mention - hearing - judgement. That is the court steps. I don't know which step you are at). If the judge does not hear this from the lawyer those words, the case na everlasting, and as such you keep paying appearance fees.
Hope in the court filing, your lawyer asked for mense profits which is rent from the time of the court filing till when the case is ended. The initial debt is 1 year and the 2 years more now is the mense profits. Hope also any outstanding utility like power and water bills is included in that lawyer's filing. If your lawyer added these and the above of calling the judge to the bailiff delivery, then the delay is simply court delay but if otherwise, you have an enemy within. Take note that a new lawyer can continue from where the old lawyer left off.
In addition Ohyinyeah, you may visit the court register and ask for informal advice. You could get a bit of it that could help you.
Wishing you well - Teemy
teemy: Firstly, I wish to congratulate you for not falling into your tenant's trap. He would have just claimed you destroyed something his livelihood depends on or you stole a 45 million His office gave to him. There is a due process under the law and I will explain it to you now.
Rent court is faster in these cases than magistrate as magistrate court handles all types of cases. So, go to your local govt office to asked for the location of the rent court and liase with any court clerk there. For rent court, I am not sure but I believe you don't need a lawyer to file your cade but to be sure, the clerk will out you through. If a lawyer is required, they can also give you a lawyer's contact.
If it is magistrate court, you will be needing a lawyer and the rest of the process is about the same.
For an owing tenant, you didn't even need to give a six months quit notice only the seven days notice. However, some states like in my Oyo state requires a one month quit notice before the seven days quit notice. Either way, you've more than compensated for it with the six months and then the seven days notices. Now you go to court. (Had to explain this much due to other readers).
Your lawyer or you (if rent court) files the case and a court notice is sent to the tenant. If he is seen, whether he accepts the notice or not, as long as the bailiff tells him and throws down the paper or gives it to him, it is as good as served and he has no excuse whatsoever as long as the bailiff lays eyes on him.
The process at court is
Mention, hearing, judgement.
The other parts could be skipped if he accepts to actually owing on the first day and sometimes the judge could just wrap everything up and deliver judgement right away saving everyone time. The judge would never say he must move instantly but will still give him time to move but the good thing is the judge will will acceed to your prayers.
Prayers in court terms means request. While discussing with your lawyer, list it all. It should include
That he leaves, That he pays up all outstanding rent covering all the period he is owing till now (the 10 months) That he pays all potential rent from now till when court asks him to leave (called mense profits) That he pays for the court case (the son of a wonderful creature of God has to be taught a lesson)
Now the court might not grant the last one unless you prove you indeed had enough patience with him (in my case, the female judge said she didn't want to lay too much financial burden on her being a student. I've seen another judgement where it was approved). A statement from the resolution centre and/or copies of those quit notices will nail his coffin. The court will certainly ask him to move as well as pay all monies till he leaves.
It might take time but you will have your wish done. The lady I got a court judgement against packed out and even locked the door but we kept pasting all notices on her door. When she knew we did not break the door open and falling into her trap, she came back to open it herself after a week. The court processes still went on till judgement was made even in her absence.
What if he does not leave even after the judgement was said to his ears or posted on his door and he does not leave?
You still go back to court and the court gives you a registrar and police escort to evict him and also a garnishee order to his banh to have the money transferred to you. (Thank God for BVN). As long as he makes money in this Nigeria, you will have your money back. Just find his account details and he is toast.
There is a process and the law works.
Wishing you well - Teemy
teemy: Once a tenant defaults within 7 days from due date, he becomes a tenant-at-will meaning his tenancy is at the will of the landlord.
The landlord has to give him a 7 days notice to quit (this differs from state to state. Oyo state is one month notice and then followed by the 7 days notice)
I will explain the one month notice again. It has to cover a first of the month and the end of the month meaning for November, you must issue the one month notice BEFORE the 1st of November and on the first of December, you then can issue the 7 days notice. If you missed October 31 and gave the notice on the first of November, the one month notice will start from that November but end at December 31st. The first date and last date of the month must be unique.
For service of the notice, you have to go with two copies. You serve one and the tenant signs the other. If you can't find the tenant or the tenant refuses to sign, just paste the copy on the entrance door and take a picture. That is all.
After the 7 days (as I mentioned depends on the state) you can then approach the rent court if you have in your vicinity (cheaper and faster) or get a lawyer that will take up your case at the magistrate court. Your prayers will be for the outstanding rent, any rent till the tenant finally moves based on date set by court (called 'mense profits') and the eviction of the tenant. This may take a few months depending on adjournments but within 1-3/4 appearances, your case will be settled.
One way of making it worth your while is to ask the court among your prayers to grant you the lawyer's service fee as it was extra cost to you. If you do this once on a scapegoat, all the others will buckle up and see you as a peaceful yet no-nonsense landlord. They will keep telling the stories that staying past their due dates does not pay them at all.
I hope I answered your question.
Wishing you well - Teemy
teemy: On the contrary it does not work like that. That tenant is just deceiving himself. Any period of time used would be paid for. The court will calculate his debt, have him pay and have him leave. All you need to do for an owing tenant is provide him with a SEVEN DAYS NOTICE before you proceed to the magistrate court to get an order for repossession and rent recovery. Depending on where you live, like in my area here it only takes no more than two weeks. Ask the probable time from the court registrar. You do not even need a lawyer to file it but ensure you have all proof in triplicates before the court date and ensure there is no loophole the tenant that try to twist things. (provide video or audio recordings showing the tenant boasting of having the money and not wanting to pay to nail his coffin with - be discrete in obtaining this).
One lesson and all the other tenants will fall in place.
By the way, you can serve a quit notice to your tenant right from the day they move in and let them know you would present it in court and it comes into effect should they default by due date.
12. Length of Notice (1) Where there is no stipulation as to the notice to be given by either party to determine the tenancy, the following shall apply (a) a weeks notice for a tenant at will; (b) one (1) months notice for a monthly tenant; (c ) three (3) months notice for a quarterly tenant; (d) three (3) months notice for a half-yearly tenant; and (e) six (6) months notice for a yearly tenant. (2) In the case of monthly tenant, where he is in arrears of rent for three (3) months, the tenancy shall be determined and the Court shall make an order for possession and arrears of rent upon proof of the arrears by the landlord. (3) In the case of a quarterly or half-yearly tenant, where he is in arrears of rent for six (6) months, the tenancy shall be determined and the Court shall make an order for possession and arrears of rent upon proof of the arrears by the landlord. (4) Notice of tenants under subsection (1) ( ), (d) and (e) of this Section need not terminate on the anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy. (5) In the case of a tenancy for a fixed term, no notice to quit shall be required once the tenancy has been determined by effluxion of time and where the landlord intends to proceed to Court to recover possession, he shall serve a seven (7) days written notice of his intention to apply to recover possession as in Form “TL4” in the Schedule of this Law. (6) The nature of a tenancy shall, in the absence of any evidence to the contrary, be determined by reference to the time when the rent is paid or demanded.
The one month notice, three months and six months in the subsection 1 above applies in cases when you guys did not determine when tenancy ends. If any tenant is owing and you determined the end of tenancy contract beforehand, all you need is the Seven Day Notice. Serve him and when he lands in court, watch his bubble burst when the magistrate corrects him
Onahi95: Oga I'm not fighting anybody, so I should just fold my hands while someone threatens me with death, I just want to report him to the police and get him to sign an undertaking and get a restraining order that's all. Should I wait till he attacks me
Even without hard evidence, you can still inform the police. If it gets to court, you can contact your telecoms network to get a copy of the conversations needed to pin him. You don't need to wait before calling him and his parents or people to hear out the case at the police station.
eedimo: My wife's food takes 4eva to be ready. We usually loss our appetite before food is served. I don tire
The food she's preparing now; she started by 8:30 and we are expecting it to be served by 12 earliest.
Try to get her a snack or drink next time she starts something like that. You will be showing her you appreciate her efforts. It also helps you from the eternal hunger.
blackmamber: ... Before I got the tenant ,I pay just 6k-8k per month for electricity
I use to pump the storex twice in a week but now sometimes 2 times in a day She washes and use the bath tube everyday , the machine and use other appliances
Please how do I caution this people since they moved in I paid for another prepaid meter and nothing is delivered till now
This is quite easy. No need to caution him. Show him past receipts when it was you alone and now. The difference will be his to pay. Also, this will put strain on your pumping machine, you may add a bit of service charge on it.
hammer567: SORRY MATE, THAT IS NOT IGBO CUSTOMARY LAW.
WE ARE NOT ANYHOW PEOPLE AND HAVE OUR CUSTOMS AND TRADITION, THAT WE ALL FOLLOW.
WHAT YOU ARE SUGGESTING IS CHAOS AND WE CANNOT ACCEPT.
07kjb: In IGBO land a woman have no right to his father's properties simple,not only in IGBO land even in ISRAEL
A Supreme Court ruling has canceled that and a woman can inherit properties from her father's side.
However, it is better for parents to give their daughters anything they wish while they are still alive so that issues like this story do not happen at the demise of the parents. Will the killers of the girl now say they are doing the will of the late father by killing his daughter?
SocialJustice: What's good about the move? Who do you think will stress to meet such demands when other countries have gas to sell.
Putin is a stupid man and it is getting clearer for the world to see.
This might just be the beginning of the fall of the PetrolDollar. Saudi was recently talking about something similar. Higher demand for the rouble will increase the price and shave off some of the effects of the sanctions. More anti-west nations might follow suit.
Seems USA might take a big hit. That statement might as well be a declaration of war on the US. The next few days might be interesting.
There is also talk of Nigeria being the exchange house of the Yuan meaning African nations can buy Yuan to pay for their Chinese imports instead of paying in Dollars.
The bad thing for Ukraine now is that Russia has taken a huge load of sanctions and would not want to go empty-handed.
That Crimea is gone. Same for those two breakaway states.
Putin has to save face and come out ahead with something economical to offset the funds lost to sanctions. Ukraine just lost all way round.
If they had initially agreed to not join NATO, they could have negotiated to get back Crimea from Russia, and there would have been no loss and the war would not have happened. They just put their hopes in the wrong groups.
teemy: Firstly, I wish to congratulate you for not falling into your tenant's trap. He would have just claimed you destroyed something his livelihood depends on or you stole a 45 million His office gave to him. There is a due process under the law and I will explain it to you now.
Rent court is faster in these cases than magistrate as magistrate court handles all types of cases. So, go to your local govt office to asked for the location of the rent court and liase with any court clerk there. For rent court, I am not sure but I believe you don't need a lawyer to file your cade but to be sure, the clerk will out you through. If a lawyer is required, they can also give you a lawyer's contact.
If it is magistrate court, you will be needing a lawyer and the rest of the process is about the same.
For an owing tenant, you didn't even need to give a six months quit notice only the seven days notice. However, some states like in my Oyo state requires a one month quit notice before the seven days quit notice. Either way, you've more than compensated for it with the six months and then the seven days notices. Now you go to court. (Had to explain this much due to other readers).
Your lawyer or you (if rent court) files the case and a court notice is sent to the tenant. If he is seen, whether he accepts the notice or not, as long as the bailiff tells him and throws down the paper or gives it to him, it is as good as served and he has no excuse whatsoever as long as the bailiff lays eyes on him.
The process at court is
Mention, hearing, judgement.
The other parts could be skipped if he accepts to actually owing on the first day and sometimes the judge could just wrap everything up and deliver judgement right away saving everyone time. The judge would never say he must move instantly but will still give him time to move but the good thing is the judge will will acceed to your prayers.
Prayers in court terms means request. While discussing with your lawyer, list it all. It should include
That he leaves, That he pays up all outstanding rent covering all the period he is owing till now (the 10 months) That he pays all potential rent from now till when court asks him to leave (called mense profits) That he pays for the court case (the son of a wonderful creature of God has to be taught a lesson)
Now the court might not grant the last one unless you prove you indeed had enough patience with him (in my case, the female judge said she didn't want to lay too much financial burden on her being a student. I've seen another judgement where it was approved). A statement from the resolution centre and/or copies of those quit notices will nail his coffin. The court will certainly ask him to move as well as pay all monies till he leaves.
It might take time but you will have your wish done. The lady I got a court judgement against packed out and even locked the door but we kept pasting all notices on her door. When she knew we did not break the door open and falling into her trap, she came back to open it herself after a week. The court processes still went on till judgement was made even in her absence.
What if he does not leave even after the judgement was said to his ears or posted on his door and he does not leave?
You still go back to court and the court gives you a registrar and police escort to evict him and also a garnishee order to his banh to have the money transferred to you. (Thank God for BVN). As long as he makes money in this Nigeria, you will have your money back. Just find his account details and he is toast.
There is a process and the law works.
Wishing you well - Teemy
Normally, after the defendant is not showing up and the bailiff shows evidence of summons delivery which is by doing one of the two above, the judge progresses the case to the next stage.
Your lawyer should have confirmed the bailiff delivered and mentioned it to the judge that the paper was delivered and as such the defendant had no reason not to show up but was ignoring the court and so the case should proceed to mentionor hearing. (appearance - mention - hearing - judgement. That is the court steps. I don't know which step you are at). If the judge does not hear this from the lawyer those words, the case na everlasting, and as such you keep paying appearance fees.
Hope in the court filing, your lawyer asked for mense profits which is rent from the time of the court filing till when the case is ended. The initial debt is 1 year and the 2 years more now is the mense profits. Hope also any outstanding utility like power and water bills is included in that lawyer's filing. If your lawyer added these and the above of calling the judge to the bailiff delivery, then the delay is simply court delay but if otherwise, you have an enemy within. Take note that a new lawyer can continue from where the old lawyer left off.
In addition Ohyinyeah, you may visit the court register and ask for informal advice. You could get a bit of it that could help you.
Except for South Africa, Egypt and Morocco, most African countries would not play any active military action in the war and while nukes are being distributed in Santa rockets and Satans fly the skies, African countries would not 'collect'.
But after the fireworks, what happens next?
Instant poverty For money, one thing is for sure. Having a domiciliary account domiciled in a currency that has no country it is attached to means that account is as good as paper. Meaning, a huge number of rich people could be paupers overnight.
Francophone countries might not be so better off At the very least, Francophone countries might have full control of their own resources for once but the dictatorship tendencies of African leaders might make those short lived gains a curse if care is not taken.
Everyone with a weapon will want to be king Countries might split more with civil wars and leftover military bases might decide to colonize the continent but that will be resisted with time but at a cost of lives on all sides.
With all super big boys and major peacekeeping nations out of the way, it will be a time for border nations and communities to revive old grievances and new warlords arising to fight over land and resources. These ones will have no regard for any government or authority. Total chaos.
...and then hunger will make people mad With a raging nuclear holocaust and lesser import sources to substitute food needs, there will be famine and more survival based crimes and disease outbreak.
Africa might then not be the haven everyone might be able to run to. So Adamu Garba, that WW3 is not something we should hope for.
Better we all work towards the end of this war between brothers before someone else takes offence on another's behalf and volatile toes get stepped on.
@Heartbroken05, The charm in this case is the two "Gentle" slaps.
Habits only grow when married. Since you've dished out the initial taste, you will only keep improving on it. A red flag that happily, the girl heeded to. Trying to blame it on someone else is just trying to justify yourself. This relationship is as good as ended. Commence a new one and take heed not to make that mistake again. Cheers
Taking another loan from them would mean they will charge you the interest on the loan you don't even need. Unless you feel a need to dash them money, don't fall for their gimmick. Most likely, the lady involved must have initiated the charge on your card.
Contact their social media handle and make it known that they have charged you extra despite having paid them back. It will be a stain they won't want to go around as no loan company would want to be known as stealing client funds considering the client paid back on time. The other time I had an issue with a bank and brought it on social media, the customer service staff called me which was funny considering I had gone into their hall and talked to the manager who told me nothing would be done and a single online CS staff was able to resolve it.
I am also seeing others telling you to swap the amount with a bigger amount and call it quits. Once you try to engage in fraud, the narrative changes on you. You still pay for the loan interest. Two wrongs don't make a right. They were useful when they were needed and now you want to call it quits, do so honorably and demand only for what is duly yours.
For months now, tens of thousands of US and NATO troops have been positioned along Ukraine’s western borders, with the most sophisticated war machinery in the world. Their leaders have issued thundering threats to Russian President Vladimir Putin. Yet, Russia unleashed air power, tanks and 190000 troops and has invaded Ukraine. Ukrainian civilians, reservists and troops are fighting a valiant but unequal battle, nearly 150 civilians including children have been killed within barely three days.
So where is NATO and why isn’t it helping Ukrainians fight the Russians? In an exclusive conversation with Padma Rao Sundarji for Times Online, India’s generals Ata Hasnain and Shokin Chauhan provide the answers.
MindHacker9000: Someone said it was the powers in the Bronze that developed Europe, so now we just need to relax and let it develop our land too. Welcome home Bronze and remember to develop our land and people too like you developed Europe.
Lolz, and somehow, those powers were watching as the whole Benin kingdom was overrun by the Europeans.
Coolbreeze1988: But I think the southeast is part of this country, while can't they produce the next president? Am from the west but I think its unfair to the Igbos
The acceptance that the SE should head the country should not be argued. The issue on the ground is the fear of the electorate should the power rest in the SE's hands. Events of the last few years have not been encouraging.
There was no thought that they could get there next and thus all that happened happened. Now, will people let sleeping dogs lie and give them the assistance needed? That is the real question?
Get an Invite To The Queen's Tea Party To End the Ukrainian War Tension
Let's be sincere. You're a superpower and won't allow another superpower to camp near you borders but you are most willing to do that to your peers. Eagle, you are just been greedy as well as hypocritical in your foreign policy dealings. It is understandable why the Bear would roar and the Tiger would side with the Bear in unison because once the Bear is out of the way, the Tiger would be easier pickings for the Eagle and its flock.
The solution, the Lion should call a peace meeting with The Bear, The Tiger, and The Eagle where a superpower proximity treaty should be agreed on and signed and ensure no one trespasses near the others' jungle. This should bring the calm the world needs for generations of peace with none poking at the other.
Properties › Re: How Do I Eject This Tenant? by teemy(m): 6:43pm On Apr 21, 2022*. Modified: 12:53pm On Apr 22, 2022
I just watched it but dem try tho