₦airaland Forum

ScotMisile:
An area that is quite deveped
4 plots together
With C of O
On the Ibeju-lekki axis...Abijo not upto Epe
For industrial purpose
Budget 2m/ plot

Treash:
It's not a doubt that influx of property sellers are increasing, especially in developing part of Nigeria: Lagos, Port-Harcourt, and FCT. The sudden wake of property developers, estate agents and related persons can not also be overemphasized. However, it's quite noteworthy that court registries keep receiving fresh lawsuits between parties to lands as a result of communal clash of land ownership, impersonation of title owners, and fraud. Most of the incidences, however are effect of lack of sufficient due diligence on the part of property buyers.

I was briefed by a Nairalander how his hard earned property in Ogun State worth millions was acquired by a judgement creditor, whereas he never knew there was any pending case in court until the copy of the court order was pasted in the house. The best advice a rational person could give is to appeal to the higher court, but nevertheless, the judgement of that court is still valid until it is set aside on apeal. Property verification is essential in your quest to acquire one. Several land buyers have become homeless as a result of court order, government acquisition status and sale to multiple buyers on fraud.

It is however expedient that after verification is confirmed positive, such a buyer can go ahead to register his property with the appropriate government registry immediately purchase is done; due to the fact that the first in time prevails in equity.

Barr Ayo Adeolu Aderinto, 08068088866

Treash:
Rape is defined as a crime of forcing a woman or girl to have sex, especially using violence and it is one of the oldest crimes in the world.

Section 6 of the Criminal Code defines unlawful carnal knowledge as that which takes place between two or more people otherwise than between husband and wife; and the offence is complete upon penetration. In other words, marital rape is not an offence in Nigeria. A husband cannot rape his wife. It is assumed that the wife gives implied general consent to sexual intercourse with her husband upon entering the marriage contract.

Under Nigerian criminal law, a man may be charged with assault and other violence as the case may be, and depending on the circumstances under which he has sexual intercourse with his wife, but he cannot be charged with raping his wife. It's noteworthy, that one of the reasons for dissolution of marriage is the refusal of either party to consummate the marriage with the other spouse (that is, denying the other party from having sexual intercourse with him/her).

Barr Adeolu Ayo Aderinto

Treash:
A residential building is urgently needed at Magodo Phase 2, with complete Title documents. We don't need terrace building.
Budget: #50M or less. It must be open for inspection both physically and with relevant government land registries.

A filling station is needed at Sango-Ota or Ifo road, furnished or unfurnished, old or new. Budget is #30M or less, please.

Please kindly note the above instructions before you contact us. Thank you.

Barr Adeolu Ayo Aderinto; 08068088866, WhatsApp.

Treash:
Custody of Wills.

It must be noted that, immediately testator executes his Will and duly attested to in the presence of competent witnesses (it is advisable the witnesses to be appointed should be younger in age than the testator), the testator is at liberty to keep his Will in any of the following places.

�With the Probate Registry of the court.
�In custody of the testator's solicitor.
�In a bank.
�He may decide to keep it in his private home, void of intrusion.

It is advised to keep it in the probate registry which is located in every high court premises. Usually, the testator appoints an executor in the Will whose duty is to manage and administer the estate of the deceased until it is validly given to the beneficiary. Executors also generally carry out the wishes of the testator as stated in the Will and hold property in trust for the beneficiaries when necessary (for example, where the beneficiary is a minor).

Where the Will is kept at the registry, the solicitor is to write to the Probate Department, informing them of the death of the deceased and attaching the death certificate as proof. This must be at least 7 days after the occurrence.

Upon confirmation of the existence of the Will, the probate registrar sets a date, time and location with the solicitor and concerned parties to unseal and read the contents of the Will to the parties in Court. The parties present must confirm that the Will was sealed before its contents were read out.

Adeolu Ayo Aderinto.

Treash:
Custody of Wills.

It must be noted that, immediately testator executes his Will and duly attested to in the presence of competent witnesses (it is advisable the witnesses to be appointed should be younger in age than the testator), the testator is at liberty to keep his Will in any of the following places.

�With the Probate Registry of the court.
�In custody of the testator's solicitor.
�In a bank.
�He may decide to keep it in his private home, void of intrusion.

It is advised to keep it in the probate registry which is located in every high court premises. Usually, the testator appoints an executor in the Will whose duty is to manage and administer the estate of the deceased until it is validly given to the beneficiary. Executors also generally carry out the wishes of the testator as stated in the Will and hold property in trust for the beneficiaries when necessary (for example, where the beneficiary is a minor).

Where the Will is kept at the registry, the solicitor is to write to the Probate Department, informing them of the death of the deceased and attaching the death certificate as proof. This must be at least 7 days after the occurrence.

Upon confirmation of the existence of the Will, the probate registrar sets a date, time and location with the solicitor and concerned parties to unseal and read the contents of the Will to the parties in Court. The parties present must confirm that the Will was sealed before its contents were read out.

Adeolu Ayo Aderinto.

Treash:
�Do you have a lawyer?
�Is your lawyer really called to the Nigerian bar?
�Do people fondly call him "The law"?
�Are you real certain he's a qualified lawyer?
�You can click on this link and enter his name...

nigerianbar.org.ng

Barr. Adeolu Ayo Aderinto

Treash:
A woman was referred to me sometimes in 2017 who briefed me on her intention to prepare a Will due to the attitudes of the grown up children. After several discussion, we scheduled a further meeting so I could obtain her instructions and act accordingly after which I was informed she was on sick bed. I visited her at home and discussed the previous issue but she promised to definitely get back to me immediately she recovers; alas she died two weeks after without a Will. She left houses, and businesses in the hands of disputing children; hence my thought on Proverbs 13:22.

A Will is a written statement made by someone (usually called Testator) indicating how his properties should be disposed on his death. The Nigeria law requires that any person who has attained the age of 18 years is capable of making a Will, so far as such person is mentally capable (of sound mind) of making a Will. The blind, deaf, old men and women, crippled, Muslims, and other persons suffering from physical disabilities are within the categories of people who can make a will. Therefore, making a Will is not "death wish". One of the essences of Will is to avoid future disputes after death; it also reduces cost of tax and charges if Will is not made.

Wills can either be oral, privilege, customary or statutory. Customary Will needs not be made in writing, depending on the personal customary practice of the testator. But if it's made in writing, it must conform with the provision of the law, such as:
�the Will must be made in the presence of at least two witnesses, except "Privilege Will". A privilege Will is a Will made by members of the armed forces.
�the witnesses or their spouses must not benefit from the Will, so that the other partner will not know that he/she is a beneficiary; a Will is confidential. The exception is that if the Will is made before the witness got married to his/her partner.

Barr Ayo Adeolu Aderinto.

Treash:
A woman was referred to me sometimes in 2017 who briefed me on her intention to prepare a Will due to the attitudes of the grown up children. After several discussion, we scheduled a further meeting so I could obtain her instructions and act accordingly after which I was informed she was on sick bed. I visited her at home and discussed the previous issue but she promised to definitely get back to me immediately she recovers; alas she died two weeks after without a Will. She left houses, and businesses in the hands of disputing children; hence my thought on Proverbs 13:22.

A Will is a written statement made by someone (usually called Testator) indicating how his properties should be disposed on his death. The Nigeria law requires that any person who has attained the age of 18 years is capable of making a Will, so far as such person is mentally capable (of sound mind) of making a Will. The blind, deaf, old men and women, crippled, Muslims, and other persons suffering from physical disabilities are within the categories of people who can make a will. Therefore, making a Will is not "death wish". One of the essences of Will is to avoid future disputes after death; it also reduces cost of tax and charges if Will is not made.

Wills can either be oral, privilege, customary or statutory. Customary Will needs not be made in writing, depending on the personal customary practice of the testator. But if it's made in writing, it must conform with the provision of the law, such as:
�the Will must be made in the presence of at least two witnesses, except "Privilege Will". A privilege Will is a Will made by members of the armed forces.
�the witnesses or their spouses must not benefit from the Will, so that the other partner will not know that he/she is a beneficiary; a Will is confidential. The exception is that if the Will is made before the witness got married to his/her partner.

Barr Ayo Adeolu Aderinto.

Treash:
Did you know?

That the law makes it compulsory for clinic or hospital to treat any person who sustains gun shot injury, even if such person does not have initial money to deposit. However, such hospital or clinic must report to police within 2 hours of commencing treatment.

See Section 4(2) Robbery and Fire Arms Act.

See also Section 1-3 of Compulsory Treatment and Care for Victims of Gunshot Act 2017.

Barr Ayo Adeolu Aderinto

Treash:
It is a criminal offence to threaten another person either on social media or phone chat. Any person who does that shall be liable for 10 years imprisonment or #25M fine.

Sending of unsolicited nude pictures or annoying messages to another shall be liable to pay #7M or 3 years imprisonment.

Sect. 24 Cybercrime Prevention and Prohibition Act.


Barr Ayo Adeolu Aderinto

toyomars:
Hi, I have an issue with my landlord (non-disclosure) and I want to hire a property lawyer verified by nairalanders who have used a law firm or individual's service before.
I will appreciate if you can drop a contact asap.

Treash:
The law recognizes 3 main venues for marriage in Nigeria.
�Marriage registry.
�A licensed place of worship.
�Any place approved by the Minister of Interior.
See Sect. 13 & 29 of the Matrimonial Causes Act, and Sect. 21 of the Marriage Act.

Therefore, online marriage is not within the cycle of marriage venue as provided for, by the law.

Barr Ayo Adeolu Aderinto.

Treash:
It's imperative to note that there's a difference between "Dismissal" and "Termination of employment". While dismissal relate to the misconducts of the worker which can be done without prior notice, 'termination of employment' relates to the terms of the employment. Where is a business sale, termination is applicable. In the case of termination, such worker is entitled to prior notice or payment in lieu of such notice. Where the new buyer wish to continue with such worker, the consent of such worker must be obtained.

Barr Ayo Adeolu Aderinto

Treash:
In Nigeria, it is an offence for a person having knowledge of the HIV status of another person to disclose it. Except with the consent of such carrier.

PENALTY
-2,000,000
-Imprisonment of not less than one (1) years or both.

See Section 11 & 23 of the HIV AND AIDS (anti-discrimination) Act 2014.

Barr Ayo Adeolu Aderinto

deff2:
I will need your service but in East because I intend to get a plot of land anytime this year. Can you link me up with a good lawyer in enugu?

utepu:
Many thanks De Law. Where do you practice? In case we have a job(brief) for you.

Treash:
Under the doctrine of "force majeure", an employer is not bound to pay his employees who are not rendering services any salary. He can rely on doctrine of 'frustration' and 'operation of law', see Section 17 of the Labour Act.

The word "Frustration", means an intervening circumstance that prevents the performance of certain transaction, beyond the capability of either party, for example, death, protracted illness, natural disasters/ occurrence or accident. The word, "Operation of Law" means that either party is unable to fulfill his own part of transaction because of directives issued by the government or through a written law. In the circumstance of the current lockdown pronounced by the government and the ongoing pandemic, the employer can rely on 'frustration' and 'operation of law'.

The implications is that an employer is not bound to pay his worker salary during the lockdown, except he so wishes. The regime of Labour Act does not however apply to some categories of people. This includes those in the administrative affairs, executive arms of companies, those who offer professional services.

Barr Adeolu Ayo Aderinto.

utepu:
That is a wonderful legal contribution that will be helpful in this trying period for many people out there.
De Law, please does the doctrine of Force Majuere also apply to a situation where am serving a loan obtained from a financial institution payable on a monthly basis and I am not able to meet my obligation in this period of pandemic?
Your advice will be appreciated.
Thanks

Treash:
Under the doctrine of "force majeure", an employer is not bound to pay his employees who are not rendering services any salary. He can rely on doctrine of 'frustration' and 'operation of law', see Section 17 of the Labour Act.

The word "Frustration", means an intervening circumstance that prevents the performance of certain transaction, beyond the capability of either party, for example, death, protracted illness, natural disasters/ occurrence or accident. The word, "Operation of Law" means that either party is unable to fulfill his own part of transaction because of directives issued by the government or through a written law. In the circumstance of the current lockdown pronounced by the government and the ongoing pandemic, the employer can rely on 'frustration' and 'operation of law'.

The implications is that an employer is not bound to pay his worker salary during the lockdown, except he so wishes. The regime of Labour Act does not however apply to some categories of people. This includes those in the administrative affairs, executive arms of companies, those who offer professional services.

Barr Adeolu Ayo Aderinto.

NOSCAM:
A full plot of land needed from an Individual (direct seller), not real estate agent, my budget is 2million, location is either ikorodu, ibeju-lekki and etc..mainlands, must be developing area, nos swampy land or waterlogged, documents must be registered survey, deed of assignment and receipt of purchase, all documents will be investigated by land search expert lawyer along with his legal team at alausa and also search to heaven from the seller you first purchase it from. Thanks.