₦airaland Forum

Sounding like Nursery School kids'song

sirlop:
Please mods move this to Front page..

I have been buying stuffs on eBay since 2012. The first time I decided to sell was last year. I posted my 64gb iPhone 6 on eBay. I actually posted it as auction and the highest bidder bought it @ 420 USD.The buyer happened to come from Sri Lanka.

I was asked to ship the phone to Sri Lanka after the money entered my PayPal account. I used NIPOST first class mail to ship the phone Sri Lanka on the 14th of November 2016 and I was provided with a tracking number of which I gave to the buyer.After some weeks, my money became available.

I posted another Iphone 6. I was surprised when the buyer from Sri Lanka opened a dispute claiming he hasn't received the device. I tried but the tracking details showed its in Colombo.

The buyer escalated the case and they refunded him and debited my account. I went to NIPOST and they told me its not their fault that the iPhone had left the shores of Nigeria. They later agreed to send a mail on my behalf of which they did.

They even copied me and since then I haven't gotten any reply from both parties. Anytime I meet them, they sound so non chalant.

Please who has experienced such before? If I don't meet NIPOST, who else do I meet cos they were the ones that sent my parcel.

Please what do I do? They have my money as well as my IPhone. I am tired of calling them. Your suggestions here will be highly appreciated.

I attached screen shots of tracking numbers here.

I think the buyer played you a fast one. The goods you sent to him has reached Colombo, which is a city in Sri Lanka. Now he has ripped u of the money, he will still go and collect the phone.

Daboomb:
Your "premise" of this "Tenancy Legality" is based on the fact that the original house owner did not eject him after the original occupant left the house (That much is evident in your submission).

Now, let me throw back some questions at you:
1.) Does "ejection process" take some time ... or you can just go-in and bundle the Tenant out? If your answer is that it takes some time, then can you imagine a scenario where the Landlord tried to eject him (the squatter) and he refused to move-out, citing the same ridiculous excuse of where to get 500K to rent another house? Is there a possibility that this was the case (and can it be argued successfully in court) ...till the Landlord sold his house?

2.) Another plausible reason is that the landlord was "not disposed" to undertake such strenuous exercise, at that point in time (Reasons that may be adduced in a law court for not being disposed include but not limited to: Financial situation, Health situation, time factor, e.t.c)

Limiting ourselves to the two reasons above, would you as a Judge still make a decision that the Squatter was a legitimate tenant, simply because the Landlord did not evict him after the original tenant left....... after the Lawyer makes you aware of any of the above, being reason for his (Squatter) continued enjoyment of such undeserved privilege of living in a house he had no tenancy contract over?

Notwithstanding all the above, the "legal position" is that Tenancy is established when and only when a "Valid Tenancy Agreement Contract" is executed between a House owner and a person looking to rent...and a consideration for such Agreement (The Rent Amount) exchanges hand between the two aforesaid parties.
That you were "left hanging in there" ......does not constitute a Valid tenancy Agreement Contract.

Now, Think about this properly

BTW: The Law regarding equity is not just based on the whims and caprices of a Judge, it is guided by "Precedence and a lot of common Sense", bearing in mind that the integrity and standing of the Judge is also at stake!

Equity <= Equitable <= FAIRNESS

Bros, na this small matter u dey write all this essay for? No time to read them, abeg.
One thing I know is that I have given the poster the best advice I can give to myself, if I am face with such situation (Look before you leap). He can take my advice , or any other one he think will be best for him.
End of this matter

Badgers14:
That was a legal question tho, that a squatter was paying his rent still does not make his tenancy " legitimate" as required by law.

Which law?


Nigerians and unnecessary argument are like cheese and burger.

MIB1:
Long before we met .. About 6 yrs ago

Maybe pained is not.the right word

I'm just scared of the spiritual aspect like curses or something besides I know I will never have any good relationship with that cousin of hers

I will tell u mind. Althought u will not like it, but I will still say it.
You are not matured enough for such relationship. A relationship where a partner can honestly confide in her spouse and expect him to stand by her NO MATTER WHAT. You have not gone in6o the marriage proper, you have started asking for opinion from strangers. What will happen if both of face challenges in future: like if she delay in taking in or she travel to her hometown and did not come back when she was supposed to. Your mind will bever be at peace.

Daboomb:
Sir, Equity is all about Justice and Fairness.
That is, serving Justice ....and doing it in a fair manner, despite the law "being blind" and "an ass"!
The Sword is for Justice, while the Scale is for fairness (Balance).

Using the information provided by the @Op "as it is", l think we can make a few deductions, using the "Equity route".

*The Squatter has not been paying rent, so is it Equitable to make use of someone's property and not pay for it?
*The Squatter did not "beg for time" or plead mitigating circumstances instead, made a very annoying retort " Where do you want me to get 500K to rent another house".

*Now, is it the responsibility of the House owner, to provide \rent money for a squatter or is it by force that he must expend 500K on accommodation?
*The @Op have made an offer to allow him to package himself and leave, (free, in addition to the free rent he has been enjoying), yet he did not avail of that opportunity.
*THE Squatter has also been a beneficiary of an illegal act viz "Sub-letting"

It is said that "He who must come to Equity, must come with Clean hands".

The Squatter cannot benefit from "Equity" because his hands are not clean, having committed an illegality and in addition, having displayed gross insensitivity to the plight of the House owner.

No Judge will further his act of illegality.

My opinion though.

I like the fact that you understand the workings of the law, but I want to throw more light what we already know.
In justice, if the LAW is followed, it based on codes. That is when the sections of the law is quoted. But in EQUITY, it is the Judge's calling: just like in PLEA BARGAINING. That is the much I can say for now on that.
Coming to the issue of him occupying the place ILLEGALLY, I dont think that is the case. (I stand to be corrected). If he was illegal, why didnt the former landlord evict him after the original occupant left the country?
Think about it

Badgers14:
Your last paragraph got me puzzled.

What legal standing does the squatter guy have to sue the landlord to court?

The poster wrote that they bought the property from another person. The question you should ask yourself is "why did the former landlord not evict him after the original tenant left the country?". Probably, the guy has been paying his rents.

Badgers14:
Well. I have never practised in Nigeria and not familiar with how the law work and all but I am very certain in most U.S states, A judge is likely to throw out the case, in fact as an attorney you will embarrass yourself in court. Why you might ask? Giving the guy notice to quit on what basis? As a legitimate tenant ? Which he is



Even in Nigeria I would think this is a criminal case and not a civil case.

The case is the same in Nigeria. It should treated as ILLEGAL/CRIMINAL OCCUPATION. As for using the Police to evict him, it could backfire if the person take him to court.

This is why i also advice in all my posts for people to make sure there name is in the agreement if they are sharing a flat or shop.

100% support

Legally speaking, dude that went to get that piece of paper at the mediation center that's a rubbish move on his part. This is the kind of thing that makes someone to get a strong heart.

The guy should be trying to work out a deal with the landlord and not the other way round.

This is another reason he should not go thr police route. You dont know who is advising or supporting the tenant. And if the tenant go to court, the court will uphold the decision of the Mediation Center cos it was established by law.
2ndly, the guy has been living there and paying his rents. He has receipts and co-tenants as witnesses.

dingbang:
Do not go to a church that you aren't welcome, forThe house of the lord is not meant for righteous people. They are hypocrites in his sight.

Livie2016
The advice in quote sounds good to the ears, just like the apple in the Garden of Eden was pleasant to behold and desirable to eat. It is from the Pit of Hell.
I sense that u are someone who loves God and the things of God. The 1st thing I will advise u is to ALWAYS RESIST THE TEMPTATION OF TAKING SPIRITUAL MATTERS TO THE COURT OF PUBLIC OPINION. The Devil is always the Judge there.
I dont think your church made the rule just because of ur case. It could be a long standing doctrine of ur church, so dont expect them to just change it because of you.

Dreamwaker:
Remove the windows and roof and act like you are renovating. That's the best trick landlords over here use.

Any landlord that try that with my relative, will pay through his nose.

#

Badgers14:
But dude is a squatter though..

His name is not even in the book. This is actually a none case.

Do you know if you want to be rugged, you could talk to the police and they will drag him out of there. Because he is not your tenant, he doesn't have tenancy agreement.

I wouldn't even reason legal option here because the case is likely to be thrown out it you are going for notice to quit ( at least in a civilized world). The better route would be criminal possession of your property.

For people reading this, if you are planning on sharing flat, make sure your name is included in the tenancy agreement.

That police option can backfire. In justice, there is what is called LAW vs EQUITY.
In law, you have the case. But in equity, the chances are 50-50. It depends on his plea and theJudge on seat.
The best route is the court. Dont use tge police option it can put u in trouble.

The lie that made me lose my job was the one Rotimi Amechi said that he has never taken bribe in his life.
When I got to walk that day I told my oyibo supervisor about it. He asked if I believe it. I replied "it may be possible". He left me. 30 minutes later the boss called and sacked me for been dumb.

ozome15:
Enugu

Wholesalers market is Clifford road by Weeks street.
DIRECTION:
From Aba main Park, enter taxi/keke to Clifford road by East Street. When u stop ask from any of the shops around to direct u to CLIFFORD BY WEEKS or where the sale plantain in wholesale

dacovajnr:
No be Nigerian lady you talk? Na few get sense now...if dem don wear designer clothes and carry designer bags dem go forget brains for house, so anyone who isn't wearing designer Automatically becomes a Nonentity to them

Exactly as I want to say it.

Good for him

ozome15:
No
are u based in aba. Are u on whatsapp let hookup

I am not based in Aba. Where are u coming from?

Europe has been conquered.

All hail the IMMIGRANTS

ozome15:
We buy to resale, we need where we can buy at chap rate

Do u know Aba very well?

What then was lost?

Stop stealing

If u know where Buhari market is in Aba, u have got what u want.

You wrote it

Wahala

I did not see Hope Waddell, Calabar

martcrown:
If you wouldn't mind, we can talk. PM me and let's discuss.

I tried to send you a Pm, but it wasn't going through.
Pls reach me at notakimchiguyATgmail.com let's start there.

EgunMogaji:
You're a non entity that is beneath me, crawl back under the rock that you've been sulking.

I don't have your time and especially on Spyders thread

I wonder who u are that make think that everybody is beneath u. Even the Bill Gates of this world do not utter such words.
Grow up or get some help, bro.

yanabasee:
Then i'm not the right dude.... just incase u need a good actors.... I could really go in for it....

Ok

yanabasee:
I wana be part of it....


so?

Looking for people with knowlegde of sponsorship and tv rights in Nigeria.

I am based in Usa, but have interest in starting a reality show in Nigeria. But my problem is that I do not know how to get sponsorships and tv rights. If anybody has any idea or is ready to be part of it, letz do it.

babyfaceafrica:
So what?.....what's special there?

What is special here is that HATRED has eaten deep into ur heart

midehi2:
beautiful, I can't marry a uniform man except a navy

What of Bakassi?

adesammy1:
I hope you are truly sorry, because you have money you think you can turn ladies to puppies?... Well-done sir

Dod he force them?
It may even be the girls that came up with such "creative" ideas.

#All4money