₦airaland Forum

slim147:
Who can help me check if a land is good to buy. I’m planning to pay for a land in erangbe in ibeju lekki. Thanks . WhatsApp 07058458586

Treash:
A Federal High Court in Ikoyi, Lagos, has delivered a landmark judgement that Nigerians who live in a residential estate cannot be compelled to be a member of the Community Development Association (CDA) popularly known as residents’ association of estate.

This suit (FHC/L/CS/982/2020) was filed by Megawatts Nigeria Ltd (Applicant) against the Registered Trustees of Gbagada Phase II Residents’ Association and others as respondents.

Facts deposed to on court processes show that Gbagada Phase II Residents Association had been sending notices: requesting the payment of estate dues from 2017 to 2020 for sums ranging from 300 hundred thousand to 200 thousand naira annually, to Megawatts Nigeria Limited.

The position of the Residents Association is that since Megawatts Nig. Ltd is a company resident within the estate, it is bound to pay demanded dues and levies.

The position of megawatts on the other hand is that since it provides for its own security, waste management and other services the estate claims to be providing, it is not bound to pay dues. This is in addition to the fact that Megawatts is not a member of the association.

Megawatts further claimed that the estate security prevented its trucks from accessing the estate in order to compel and coerce the applicant to pay requested fees.

‘The primary issue before the court was whether a person; resident in an estate can be compelled and coerced into membership of a resident association?

The court ruled in favour of Megawatts Nig. Ltd and awarded cost against Gbagada Phase II Residents Association. The court further declared that no one can be forced to be a member of a residential association, be it a company operating within the space of the residential estate or a person who is a resident in that estate.

Treash:
1st request

A semi completed mini flat is needed for outright purchase at Ota, Ogun State. Budget is less than 3M. In alternative, semi completed 4 bedroom flat for around 6M same location.

Second request...

A bare land for petrol station along Badagry express road, Lagos. About 10 plots. Open budgets and proof of ownership.

On the main road please.

Ready for inspection. Send details latest by today please.

08068088866- Whatsapp only
Note: Kindly chat me with the pictures and title documents on it.

Barr Adeolu Ayo Aderinto

Bennycoz:
Good evening everyone,

Please I have a Landed property in sangotedo ajah Lagos which I want to start developing few weeks from now, but before proceeding I want to know how much is the total cost to build five blocks of flat in that area, the drowning indicated 2bedroom flats in 3 units while mini flats in 2 units total 5 blocks of flat's with only one decking with pop and wall screading finishing.

I will appreciate your engineers in the house for further advice and total cost to execute this plan.

Thanks

Treash:
1. SEARCH OF PROPERTY TITLE: This includes search at the Land Registry to ascertain whether there is any form of government’s acquisition that would affect the purchaser’s ownership interest. It also includes search in court registries to ascertain whether or not there is any pending litigation on it. A case was decided where the presiding judge held that anyone who buys a property which is subject to court litigation, such person has bought a case for himself. Search could be conducted at the Corporate Affairs Commission. This is a situation where by the owner of the property is a corporate body like registered Estate companies. Other places of search includes probate registry. This happens mostly where the owner is late and there could be indications that probate has been granted to another person without the awareness of the buyer.

2. INVESTIGATION OF THE ROOT OF TITLE AND GENERAL CONSENT: It is crucial to verify that all relevant consents have been obtained and that the title is neither void nor voidable before a purchase can be made. An Ilorin based lawyer called me few months ago that his clients wanted to pay for a property in Kwara State; fortunately he saw my number on the document of the owner, because some agents wanted to sell for the said owner. I called the owner whether they truly wanted to sell and they gave their consent. A lawyer will help in seeking relevant consents on the property.

3. Physical inspection on the property: This is a personal visit to the property in question in order to find out if there is any issue with the property, or to ascertain the actual size of the land and whether it conforms to the dimensions on the survey plan at the Lands registry.

4. DRAFTING OF NECESSARY DOCUMENTS: Lawyers prepare different types of documents for properties’ transactions. Kindly note that mere issuance of payment receipt is not a proof of ownership of land. I have come across several land purchasers who tender only receipts. A lawyer deed of Assignment is like a car manual which state the full details of the transaction.

5. Lawyers may help out in the perfection of a title to the newly acquired property by applying for Governor’s consent, payment of stamp duties and registration.

Barr Adeolu Ayo Aderinto, 08068088866.

Credit: Resolution Law Ng.

Treash:
A lot of people seems to prefer buying their future homes either in a newly proposed estate or an ongoing one. It is obviously not a bad idea, especially in Nigeria where governments are yet to provide necessary infrastructures such as water, electricity and most important roads in existing or old neighbourhood. However,there are legal precautions everyone aspiring to buy a building or land from private developers should be aware of. These are:

1. First, anyone purchasing a property from a private developer should not just make payment blindly. It is better to engage the service of a lawyer to help trace and search the title of the property one intends to purchase. Recall that 37 Estates were marked for demolition by the Abuja Metropolitan Management Council (AMMC).

2. Another precaution is that it a prospective buyer should seek to perfect his or her own title immediately after purchase. According to the law, Governor’s consent is required in every state for a property transfer from one owner to another. A buyer’s failure to perfect his title is as good as no lawful transfer of property has taken place among the parties.

3. Furthermore, when a new buyer buying a property from a developer may insist on a contract of sale, especially when a developer is asking such buyer to pay a premium on the land for some proposed infrastructures such as electricity, road network among others. Contract of sale is a preliminary agreement in a land transaction before a deed of assignment. In a situation where the developer is offering a buyer 6 months or 2 years payment’s option, a contract of sale will prevent an arbitrary increase in the purchase price by the developer after receiving a deposit from the buyer.

4. Finally, we would advise that anyone seeking to buy a new home should not do so without a consultant, which is usually a legal practitioner who can properly ascertain the risks associated with such transaction or property in question.

Barr Adeolu Ayo Aderinto.

Credit: Resolution law Ng.

Treash:
Once a C of O is issued by the government, the implication is that it only last for 99 years (including the land). What then happens after the expiration of the 99 years? If you take a cursory look at a copy of the C of O, a special clause shows impliedly that the land tenure systems do not contemplate renewal after 99 years. A further look at the Land Use Act does not also suggest expressly any renewal right on holders of such certificate of occupancy.

However, Section 1 of the Land Use Act vests the lands in each state into the governor as a 'trustee' on behalf of the citizenry; see also section 34. The combined reading of both sections (1 and 34) shows that it can be renewed. The question is who is entitled to renewal after 99 years; is it the original grantee (the person with the C of O in his own name) or the Assignee (the person who later buys the land from the grantee)??

To answer this, we need to understand the meaning of Assignment. Assignment could simply be defined as the transfer of the right over a property by one existing party to another existing party. It means a party sells the property "absolutely". The implication is that once a property is sold out, and there's a governor's consent on the deed of assignment, then the governor is deemed to have recognised the existence of this right. The right should be treated as if it was originally granted to the assignee. The assignee should therefore enjoy the renewal right over such land.

Barr Adeolu Ayo Aderinto.
Credit: Mayowa Ogunsan vide Nigeria lawyer.

sholadele4:
I need advice please. I just bought a piece of land recently. The seller (second buyer) had previously bought the land from someone (first buyer) who had earlier bought the land from the omo-onile. The second buyer that sold the land to me has a deed of assignment signed by the omo-onile and the receipt of purchase issued by the omo-onile to the first buyer. I have gotten a deed of assignment with the second buyer done, transfering ownership of the land to me.
Do I still need to get a receipt from the omo-onile in my name?

Treash:
Death sentence or Capital punishment is usually prescribed for offences like Murder, Armed Robbery, kidnapping and the like. The punishment could be executed via firing squad (for Armed Robbery), hanging and lethal injection.

In the international sphere, death penalty shall not be carried out on pregnant women and children.

In the 36 states of Nigeria including Lagos State, the law states that a pregnant woman shall be exempted from being sentenced to death. In lieu of the death sentence, she shall be sentenced to life imprisonment.

It is pertinent to note that the relevant status of the woman is not her status at the time of the commission of the offence but her status at the time of conviction. This means that even if the woman actually committed the offence but got pregnant while in detention during trial, she will not be sentenced to death while delivering judgement.

However, the position of the law in the Federal Capital Territory, Abuja is different. In Abuja, the pregnant woman shall be sentenced to death. However, her execution will be stayed until the baby is delivered and weaned.

However, there is a contradiction between the last provision in Abuja and Child Right Act which also covers FCT, Abuja. Section 221(2) and (3) of the Child’s Right Act provides thus:
“No expectant mother or nursing mother shall be subjected to the death penalty or have the death penalty recorded against her...
The court will weigh the balance of both laws to reach its determination.

Credit: Grace Kalu.

Barr. Adeolu Ayo Aderinto.

lexander:
Nope according to the above mentioned males can't be raped or sexually assaulted

Treash:
Section 357 of the Criminal Code Act, 2004 defines Rape thus:
“Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threat or intimidation of any kind, or by fear or harm, or by means or false and fraudulent representation as to the nature of the act, or in the case of a married woman by personating her husband, is guilty of an offence which is called rape."

In a particular case, the Supreme court held that in a charge of rape or unlawful carnal knowledge of a female without her consent, it must be established that there was a penetration of the penis into the vagina. This underlying factor remains that rape is applicable to women.

However, by virtue of Section 1of the VIOLENCE AGAINST PERSONS (PROHIBITION) ACT, 2015, which is only applicable to the Federal Capital Territory, male can also be raped. The definition of rape applies to both male and female, however it's only operative in the FCT alone.

From the foregoing, men can not be considered victim of rape, except at the FCT. Section 1(1)(a) of same law in the FCT states that the instrument of rape does not have to be a penis alone, it can be another part of the body e.g. hand, or an object e.g. Love Machine or even objects like pens, pencils etc.

There could however be a reform of our laws to protect our men from sexual violence in other states outside the FCT.

Barr Adeolu Ayo Aderinto.

Treash:
Did you know?

Doctors can carry out blood transfusion on a child despite the fact that the religious belief of the child forbids it.

The Supreme Court decided a case wherein one little Tega was born in 1997 at Chevron Clinic, Lekki Peninsula and he fell ill after a month. He was taken back to that hospital by his parents who were members of the Jehovah's Witness church, and the doctor in charge, Dr Tunde Faweya commenced treatment where it was discovered that the child had convulsion and difficulty in breathing which renders several medications to fail. The innocent child was further diagnosed and it was discovered that he needs blood transfusion to stay alive.

Surprisingly, the child's parents objected to the said blood transfusion on the ground that they were members of the Jehovah's Witness church which forbids such practice. The doctor however did not agree with the parents and he promptly incidented the matter to the police where application was made to the magistrate court that the said doctor be allowed to do all and anything necessary for the protection of the life and health of the Child and same was granted. The child was collected from the parents on the ground of this order and blood transfusion was done. The parents, being irked by this decision, sued the doctor, the Nigeria police and the magistrate that gave the order.

The Supreme Court held that all adults have inalienable rights to make their decision, including rights either to refuse or take blood transfusion so far as such adult is of sound mind. However, the case of the child is different entirely. because a child is incapable of making decisions for himself and the law is duty bound to protect such a child from abuse of his rights even by the child's parents. The doctor was therefore justified.

Source: TEGA ESABUNOR & ANOR. VS. DR. TUNDE FAWEYA & 4 ORS (2019) 7 N. W. L. R, PART. 1671, P. 316 @ PP. 340, PARAS. C-G, 344, PARA. C, 347, PARAS. D-E

Please note that by virtue of Child Right Act, 2003, a child is any person who is below the age of 18 years. Therefore, blood transfusion can be done on someone below the age of 18, with or without his consent.


Barr Adeolu Ayo Aderinto.

Treash:
Did you know?

A child below 18 years lacks the capacity to enter into a contract. That is to say a transaction or agreement entered into, by someone below 18 years is void. The implication of this is that, you cannot claim the repayment of any debt from the said person if he defaults to pay.

For example, if Jamal (17 years of age) obtains a loan of #20M or buys an iPhone 8 and agrees to pay on installmental basis. You can not sue Jamal if he fails to pay you.

The exception is that you can sue where it is "goods of necessity". Goods of necessity means things that are of daily importance like clothes, food, school fees, accommodation, water and so on.

Section 18 of Child Right Act, 2003.

Barr Adeolu Ayo Aderinto.