₦airaland Forum

KwaraRat:
Charge and bail useless lawyer

These are the kind of 3rd class lawyers that you are a fool to hire

It is not for the accused to prove his innonence alone but the prosecution must prove his guilt beyond reasonable doubt.

What of forensic pathology report to ascertain cause of death?

Treash:
Did you know?

That the presumption is that, a person who was last seen with the deceased bears full responsibility for his death if it turns out that the person last seen with him is dead. It is the duty of the accused to explain otherwise, or else, the court will infer that the accused killed the deceased.

For example, if Mr Jone is found to be killed by unknown person, and it's discovered that Mr Smith was the person last seen with Mr Jone (before he was killed), the court may likely convict Mr Smith for murder. It's now the duty of Mr Smith to establish that there was parting of ways between him and Mr Jone and that Mr Jone was still alive and they were not seen together again until the person turn up dead.

Barr. Adeolu Ayo Aderinto.

Treash:
My name is Adeolu Ayo Aderinto, a legal Practitioner practising both in Lagos and Ogun State; also a member of Ota branch of the NBA. A post was made on one of our branch WhatsApp platforms how a self-acclaimed but fake senior lawyer, Mr Omotola Olowooba was busted and arrested in Abeokuta yesterday. It's on this ground I passionately urge Nigerians, fellow lawyers, head of courts to kindly verify the authenticity of anyone who claims to be a legal Practitioner before engaging them.

The said self-acclaimed lawyer was personally known to me for 3 years and we young lawyers referred him as "oga" each time we crossed his path in court. We gathered that he appeared before the Federal High Court, in Abeokuta with a colleague to defend one of his clients in the case of Nigerian Custom vs. Bolarinwa Ebenezer on a bail application when his Lordship notices some irregularities in his application. Investigation reveals that he claims to have finished from Nigerian Law School in Lagos in 1997, yet unsubstantiated.

In order to be double sure of good allegation against him, NBA Ota had to make calls to the NBA National Secretariat wherein they spoke with the General Secretary of NBA as well as sent his details to them to confirm both from the NBA portal as well as the Supreme Court enrollment details whether or not he was indeed a lawyer. The final report from the NBA national Secretariat is to the effect that no such name exists as a lawyer. His Lordship has ordered him to be remanded with the SARS office in Abeokuta while awaiting for his arraignment next week. Imagine the whooping number of clients who must have engaged and paid him while genuine lawyers are clamouring for patronage.

Before you engage any lawyer as a client, or before you engage any lawyer to practice in your firm, always learn to confirm whether or not he is truly called. If you're called, kindly join a nearest NBA branch in case of uncertainty. The unsuspecting junior colleague who appears with him was arrested but was later released based on compelling facts which supported his own claim to be a lawyer. Let's make necessary findings before giving out our seals to anyone. The colleague's seal was used by the fake lawyer believing that "oga" was a lawyer.

Search the name of your lawyer here before you engage him.

https://nigerianbar.org.ng/find-lawyer

Adeolu Ayo Aderinto.

Treash:
Urgent Request...

Some clients need functional filling Stations for purchase, within the city of Abeokuta or Ibadan. Budget should be below 150M. Any available one should be sent in this format below. Thanks.���

Name and location:

Land size:

Facilities and Storage Units-
Petrol: 4 pumps with double nozzle & 90,000 underground capacity tank.
Kerosene: 1pumps with double nozzle & 35,000 underground capacity tank.
Diesel: 1pumps with double nozzle of 35,000 underground capacity tank.

Title documents:

Price:

Pictures attached:

Thank you.
Barr Adeolu Ayo Aderinto
08068088866; WhatsApp.

Treash:
Ordinarily, the law makes provision against jactitation in marriage. Jactitation exist where a partner presents herself to make people believe she's still married to her ex-husband. Same with man. A good example is bearing his surname. It must be noted that a man has a right to sue the woman for jactitation, but his case will only be successful if he can show that the woman uses his surname to defraud people.

There was a recent case where the man sues the ex-wife for bearing his surname after divorce. Her defence was that changing the surname to her maiden name would occasion a set back on her music carrier, and the court approved her decision. Therefore, a woman has a right to bear whichever surname she chooses provided it's not for illegal purpose or to defraud people.

Barr Adeolu Ayo Aderinto.

Canada2021:
Bro if you need me to prepare your Deed ofAssignment at an affordable rate, please send me a pm. Thanks

Treash:
By the provision of By the provisions of Section 34(1) of the Economic and Financial Crimes Commission Act, 2004, “Before freezing customer’s account or placing any form of restraint on any bank account, the bank must be satisfied that there is an order of court. The EFCC has no power to give direct instructions to banks to freeze the account of a customer without an order of court, so doing constitutes a flagrant disregard and violation of the rights of a customer.”

The point must be noted that EFCC is not a court of law. Where EFCC wish to move against the account of any person suspected of crime, due process must be followed by first making an application to court then Court's order will be given.

A case was decided by the Court of Appeal in 2019. EFCC directed GTB to freeze the account of one Mr Adedamola without Court's order, and GTB obeyed. Mr Adedamola files for the enforcement of his fundamental right in court and the court decided that the said account be released and damages (compensation) be paid to him.

Barr Ayo Adeolu Aderinto.

Canada2021:
It is necessary in instances where the family is dysfunctional. In other words, where there is internal crisis in the family. So it is needed to show that all members of the family have agreed to the sale

Canada2021:
The doucments required to sell include;
1) A letter of authority from the from the first son of your uncle authorizing your uncles wife to sell.
2) A power of Attorney authorizing your dad to sell the property on their behalf.
3) The survey plan


For more information, contact me 08124890654

Lordjones:
My late uncle bought a 4 flat (3 bedroom) property from 1994, the land survey and building plain carries the name of the seller at that period. After acquiring the property, my late uncle later did the C of O in his name. There was an signed agreement between the then seller and my late uncle.
Now to the main issue, the late uncle's family resides in USA, his wife has given my Dad her consent to sell the property on her behalf.
Pls what's are the documents that will be needed to sell the property?

grammarnazi2:
...asked...

...as sheer...

...has...

At least...chose...

...brother's keeper.

...rapists...punishment.
feminists...feminists...the top twenty...

Mr. President.

...means...confused...

...who...

...has...rapist...

...have a President.

...rapes and then...

...on the 27th...

This...let...

...murderous...

Treash:
After the expiration of the agreed date for payment of balance, it's necessary to write a notice of demand to the buyer for payment of balance. Where no payment is made, the law gives the seller two available options:

1. Right to rescind (cancel) the contract: The seller has the right to cancel the sale and refund the money or make a refund after another subsequent buyer has paid.

2. The seller can go to court and apply for what is called "Specific Performance". This is to compel the buyer to pay the seller at all cost.

Barr Ayo Adeolu Aderinto.

Treash:
Basically, a dead man no longer has legal personality; that is, he cannot be sued to court. However, upon his death, he is deemed to have died leaving what is called an 'Estate'. An Estate is simply all the properties he left behind when he dies, and also includes what he owes people before he dies.

The law provides that all his properties will definitely be managed by some people, who maybe in-laws, wife, children, friends and relatives. However, the first set of people the law will consider when distributing the properties are the creditors, that is the people he owes before he dies. The law gives the creditors priority over the other dependants. This means debts can still be recovered from the dead by suing the administrators (dependants), by the following procedures:

1. The exact debt must be certain: The creditors cannot claim anything if he can't prove the exact amount owed to him.

2. Write a demand letter to the personal representatives and families of the deceased. Failure to honor the letter can give the the creditor right to sue the representatives.

Where the deceased does not leave any property or money (estate) that can satisfy those debts, then the creditor cannot enforce any right.

Barr Ayo Adeolu Aderinto.

Treash:
Basically, a dead man no longer has legal personality; that is, he cannot be sued to court. However, upon his death, he is deemed to have died leaving what is called an 'Estate'. An Estate is simply all the properties he left behind when he dies, and also includes what he owes people before he dies.

The law provides that all his properties will definitely be managed by some people, who maybe in-laws, wife, children, friends and relatives. However, the first set of people the law will consider when distributing the properties are the creditors, that is the people he owes before he dies. The law gives the creditors priority over the other dependants. This means debts can still be recovered from the dead by suing the administrators (dependants), by the following procedures:

1. The exact debt must be certain: The creditors cannot claim anything if he can't prove the exact amount owed to him.

2. Write a demand letter to the personal representatives and families of the deceased. Failure to honor the letter can give the the creditor right to sue the representatives.

Where the deceased does not leave any property or money (estate) that can satisfy those debts, then the creditor cannot enforce any right.

Barr Ayo Adeolu Aderinto.

generationz:
Lagos State.

generationz:
Hello, everyone. Please, I would like to know how one can get a C of O asap for a house al built years back with the only legal documents being the receipt of purchase of the land?

What are the processes involved and how much would it cost?

@Lawyer, I would need your input, sir.

Thanks.

Treash:
I was briefed by a friend, to discuss the trending issues between landlords and tenants especially on caution fees. It's quite expedient to discuss the generality of this fee to be payable by tenants and its essence.

Caution Fee is basically a security deposit which is determined by the landlord and usually held to ensure compliance with the use of the rented property. Therefore in case any damage occurs during the tenure of the tenancy, the cost of repairs will be deducted from the caution fee when the tenancy ends. If no damage is done, the caution fee will be refunded to the tenant in full. Several unscrupulous landlords have however taken undue influences on their tenants by refusing to make a refund of same after demand, even where no damage has been done on the property. It's however advisable that certain precautions should be taken by the prospective tenant before any payment is made to the landlord.

1. Lease Agreement: Prospective tenants are advisable to go through every line and wording of the tenancy agreement prepared by the landlord in that regard. If no tenancy agreement is available, tenants should kindly insist that a tenancy agreement be prepared in order to ascertain and reflect every money they're paying. As a tenant, do not hesitate to involve your personal solicitor to assist in going through the agreement and interpret same before signing. Also get a copy of the signed agreement.

2. Photographic evidence: As a prospective tenants, you are advisable to take a photo shoot of the physical status of the entire property, this will enable both parties to juxtapose the state of the property before entering and when leaving.

3. Property valuation: In some places, some tenants goes a long way to involve an unbias real estate valuer to access the condition of the property. The report of same might be attached to the tenancy agreement for reference purpose when leaving the apartment.

4. Make report of damages: Tenants are advisable to report any damage observed in the apartment, such as leaking roof, and electricity connection error; this will enable the landlord to take note of the damage.

5. Obtain permission to repair: The written consent of your landlord or his representative must be obtained before you carry out any substantial repair on the property.

Tenants are therefore at liberty to make a demand in writing for a refund of the caution fee when leaving or instruct their solicitor to do so. Where the landlord refuses to honor the request, such tenant can sue the landlord for a breach of contract.

Barr Ayo Adeolu Aderinto.

Treash:
It is no longer new that the body which regulates companies transaction (PART A), business names (PART B) and Incorporated Trustees like churches and charity organizations (PART C) is called Corporate Affairs Commission. Registration of these 3 medium encourages public confidence and safety.

It must be noted however, that registration of business names does not grant you some corporate benefits. For example, you can sue a registered company in it's own name but you cannot sue a business name. Once you register your business under part B and any wrong takes places, you will personally be liable, and not your business. A good example is Dangote Group which is registered under PART A. The implication is that you can't sue Dangote personally, but you can sue his company. He may decide to send his representative to represent the companies in court because the company will be responsible and not him, but in business name, you have to be responsible yourself.

The legal implication of this is if the company for instance owes a bank N10 million, it is the company that owes the bank and not the Directors, and the bank cannot then sue the Directors in their personal capacities in order to recover the debt (unless the Director(s) gave personal guarantees for the loan).

Another benefit is perpetual succession. It means, even if all members of the company die, the company will still be existing, and loan can be obtained in the name of the company even though the director has died. But in business names, the business crash the day the partners died.

Another one is in case of future exit. If you have a registered business, upon retirement, it is very likely that the business will retire with you. However, registering a business as a limited company can aid the possibility of selling it in the future. The original shareholder/owner of the company will be able to achieve a completely clean break and get a pay out for the business.

Barr Ayo Adeolu Aderinto, 08068088866.