₦airaland Forum

Daboomb:
Thanks very much for the time and effort you put in responding to and posting these legal issues.

In the above explanation, please correct me if l got you wrong:

1.) - The Housing Agreement stating "fixed and certain" means the both parties have a fixed amount (MONEY?) agreed as rent for the House?
2.) - Does that "certainty" to amount paid, also apply to "duration of the tenancy", concurrently?

3.) - Does it also mean that the DURATION of the tenancy is FIXED (say, One year as on the agreement) and "Non-Automatically Renewable" after that One Year, ........as will be normally obtainable with most Rent Agreements where, after the initial one year payment, the tenant only just need to forward the next years rent, to continue occupation (assuming no issues of disagreement has arisen)?

4.)- Does the above confirm or re-enforces the after One year termination of the Agreement, due to the effluxion of time, as explained above in your post?

Please dont take offence, l am only trying to ensure that l am not mis-interpreting (to my own limited understanding), your reply.
Like good student, l always try to repeat what my teacher says and let him confirm that l actually understood right.

Thanks you, once again.


Please, at a later time when you can,, l will like you to delve into a situation where a company is repairing a road.

In the process, the company blocked off certain parts and narrowed the dual lane road to a single lane.
Thus, both vehicles travelling in opposite directions, have to share a single lane.
The Company did put a sign diverting traffic into the single lane, from both ends
The Company did not install "Caution Signs", did not install Traffic Control Lights nor did it assign Human Traffic Warden/managers at the spot.
Eventually, two vehicles collided because each one thought they have the right of way, on the single lane they now shared.
People were injured.
There was a big argument about where the liability lies
- The Drivers claimed they followed the diversion sign but there were No STOP Sign or Traffic light or Warden, telling them when to Stop.
- Company said accident was due to Drivers not being in Control of their Vehicle at all times, They should have waited for each other to pass.

What would be the position of the Law in this matter?

I had problem posting and that's the cause of the delayed response.

No. 1 is correct.
No. 2 is partly correct. The amount to be paid for that year is certain. It can be subsequently increased after the agreed term of tenancy has elapsed.
No. 3 also needs clarification. Normally, yearly tenancy runs concurrently for the same amount as long as the tenancy pays as and when due. However, if you want to increase the rent, you must give the tenant 6months notice.
No. 4 requires the understanding that the tenancy is presumed to continue after the agreed one year if the tenant pays as and when due. However, if after one year he refuses to pay, he becomes a tenant-at-will and can be given notice to quit/notice of intention to recover possession. Note that he must pay for the extra time spent in the house -mesne profit.


As regards the other question, the Company may be liable for negligence. However, if the claim of the Company that the drivers at one time weren't in control of their wheel can be provide, then it is contributory negligence and all the parties will share the loss in the proportion determined by the court.

http://thelegaldiary.com/doctrine-necessity-right-step-ipob-prevent-anambra-election/

WHAT DO YOU THINK WILL HAPPEN IF ELECTION FAILS TO HOLD IN ANAMBRA STATE DUE TO BIAFRA AGITATION?

The Doctrine of Necessity: The Right Step should IPOB prevent Anambra Election

I’m of the firm opinion that if election fails to hold in Anambra due to the Biafra Agitation, the Federal Government can use “the doctrine of necessity” as a shield and “declaration of a state of emergency” in the state as a sword. For example, they can appoint an Interim Government to take over the administration of the state pending the time political stability will be restored. I therefore align myself with the question of Abraham Lincoln, “is it possible to loose the nation and yet preserve the constitution?”

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

http://thelegaldiary.com/doctrine-necessity-right-step-ipob-prevent-anambra-election/

http://thelegaldiary.com/supreme-court-upholds-right-female-child-inherit-properties-igboland-cracong/

Supreme Court Upholds Right of Female Child to Inherit Properties in Igboland – Cracong

FEMALE CHILD HAS RIGHT TO INHERIT FATHER’S PROPERTY IN IGBOLAND – SUPREME COURT

The Supreme Court has voided the Igbo law and custom, which forbid a female from inheriting her late father’s estate, on the grounds that it is discriminatory and conflicts with the provision of the constitution.

The court held that the practice conflicted with section 42(1)(a) and (2) of the 1999 Constitution. The judgment was on the appeal marked: SC.224/2004 filed by Mrs. Lois Chituru Ukeje (wife of the late Lazarus Ogbonna Ukeje) and their son, Enyinnaya Lazarus Ukeje against Mrs. Cladys Ada Ukeje (the deceased’s daughter).

Cladys had sued the deceased’s wife and son before the Lagos High Court, claiming to be one of the deceased’s children and sought to be included among those to administer their deceased’s father’s estate.

The trial court found that he was a daughter to the deceased and that she was qualified to benefit from the estate of their father who died intestate in Lagos in1981.

The Court of Appeal, Lagos to which Mrs. Lois Ukeje and Enyinnaya Ukeje appealed, upheld the decision of the trail court, prompting them to appeal to the Supreme Court.
In its judgment last Friday, the Supreme Court held that the Court of Appeal, Lagos was right to have voided the Igbo’s native law and custom that disinherit female children.

Justice Bode Rhodes-Vivour, who read the lead judgment, held that “no matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her later father’s estate.

“Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.

“The said discriminatory customary law is void as it conflicts with Section 42(1) and (2) of the Constitution. In the light of all that I have been saying, the appeal is dismissed. In the spirit of reconciliation, parties to bear their own costs,” Justice Rhodes-Vivour said.

Justices Walter Samuel Nkanu Onnoghen, Claral Bata Ogunbiyi, Kumai Bayang Aka’ahs and John Inyang Okoro, who were part of the panel that heard the appeal, agreed with the lead judgment.

http://thelegaldiary.com/supreme-court-upholds-right-female-child-inherit-properties-igboland-cracong/

http://thelegaldiary.com/effect-common-mistake-contract/
The Effect of a Common Mistake in Contract
�❓❓❓❓❓❓❓❓❓❓�
Good evening beautiful people.
How has our day been?
I just want to have our opinions

*God forbid*, a night before your wedding, you couldn't find your wedding gown/suit and you called an exclusive fashion company to order another one on the basis of urgency. The company from which you ordered your wedding gown/suit told you it would arrive on the morning of the wedding and you agreed because it is a company of repute; some others have taken such risk without the company disappointing.

*10 minutes to the wedding, they informed you that they lost the gown/suit in a fire accident the previous night*

To say Kikelomo Ijeoma Adams (KIA) was very elated won’t be a mistake. The day she had been awaiting all along was gradually drawing closer. Her joy knew no bound that her fantasy would become a reality.
Mere words can’t give a perfect description of how much she had dreamt about this adventurous day. Her friends whom she had boasted to about how glamorous the event would be were also eagerly awaiting this special day – her wedding day.
Being a diligent ‘student’ of Bella Naija, she had a mental picture of how eventful her wedding ceremony would be. The voluptuous bridal shower where she would be in the company of her closest female friends as she is ushered out of the Bachelorette Circle at the NICON Grand Hotel.
Her traditional engagement where she would put up the mature dressing of ‘orente’ with her outlandish Iro and Buba while dancing joyfully in the adorning atmosphere her cultural heritage creates.
She could only imagine how ravishing and colourful her white wedding would be when she walks romantically down the aisle with her prince charming, Bernard Mokunfope Williams (BMW) holding her hands dearly in his ever amorous nature.
She could remember she had ordered the full very wedding gown she saw on the instagram page of @s_stylestar, an international fashion outlet owned by her friend, Blessing Okoroma and could picture how...

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://thelegaldiary.com/effect-common-mistake-contract/

http://thelegaldiary.com/why-supreme-court-sacked-sheriff-as-pdp-chairman-news-scroll/

Why Supreme Court sacked Sheriff as PDP Chairman – News Scroll
He demonstrated an infantile desperation to lead the PDP by filing almost 10 different applications in various courts. They shall forever gather dust in judicial archives,” the judge said, referring to the various applications filed by Mr Sheriff regarding the matter over the last few months of intense legal wrangling.

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

http://thelegaldiary.com/why-supreme-court-sacked-sheriff-as-pdp-chairman-news-scroll/

http://thelegaldiary.com/lodge-complaint-police-public-complaint-response-unit/

Lodge A Complaint To The Police Public Complaint Response Unit
The Inspector General of Police, Ibrahim Idris, has sacked four policemen attached to Ijebu-Ode Area Command in Ogun State.

The men were found guilty of extorting N50,000 from a man they arrested on trumped up charge.

Affected by the dismissal are Inspector Mufutau Olaosun, Sgt. Adebayo Temitope, Cpl. Bakare Taiwo and Cpl. Adesoye Ayokunlehin.

According to a statement by Assistant Commissioner of Police, Abayomi Sogunle, who heads the Police Public Complaints Rapid Response Unit, the men were dismissed after they were found guilty in an Orderly Room trial at the Area Command Headquarters, Ijebu-Ode.

They were charged with discreditable Conduct and Corrupt Practice under the First Schedule of Police Act and Regulations Cap. P19. Laws of the Federation of Nigeria 2004.

The four men on 7 June, without any grounds, arrested a man who was just leaving a bank and took him to the Igbeba Station, where they labelled him a “yahoo boy” and made him frog jump and write a self-incriminating statement, that he was an internet fraudster.

“After the maltreatment, they released the man and also impounded the N50,000 he had gone to collect on behalf of his boss, saying it was payment for his bail. The man lodged a complaint with the Police Public Complaints Rapid Response Unit.

The police authorities found the complaint genuine and were mortified that policemen could take money for bail, despite the #BailisFree campaign by the police themselves.

“Their action is contrary to the directives of the Inspector-General of Police and unacceptable”, said Sogunle.

The money had since been recovered from the four policemen and given back to the man.

*Have you been maltreated by policemen recently? You can now lodge a complaint directly to the Police Public Complaints Rapid Response Unit at the following numbers and platforms: Phone Calls Only: 08057000001, 08057000002 | SMS/WhatsApp Only: 08057000003 | BBM:58A2B5DE | Twitter: @PoliceNG_PCRRU | Facebook: www.facebook.com/PolicePCRRU | Email:[email protected] OR [email protected]

The PCRRU is open 24/7.
THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://thelegaldiary.com/lodge-complaint-police-public-complaint-response-unit/

What is wrong with 'Charge and Bail'? by Ogunmodede Joseph Jagun - Lawyard
http://thelegaldiary.com/what-is-wrong-with-charge-and-bail-by-ogunmodede-joseph-jagun-lawyard/

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

Government

Amarabae:
A LETTER TO THE BROKE GUYS.
.
-
Greetings all!
I will like to briefly to thank all who wished me a Happy Birthday yesterday.
Thank you my Darlings. *kisses*
-
Back to my main subject, THE BROKE GUYS.
I have noticed that one of the most frustrating moments in a man's life is when he is broke!
This era of financial scarcity always leave many men with feeling of emptiness,
No wonder the sighting of that word "BROKE" always touches the nerve in many guys, no wonder the insults, bullying and aggressiveness they exhibit as a response to any thread that is dedicated to such a dreaded word.
-
NOW Broke Guys listen, let me give you a bit of advice..
-
Every woman dream of a comfortable future, a future where even if she is not been treated like a queen, atleast she will not be a slave.
Most ladies grew up and saw the financial difficuly and suffering their mothers went through in the name of marriage and thereby took a resolution not to be part of that fate.
So before you blame them for rejecting you as a broke guy, remember this.
1. Being broken is NOT a permanent situation, work hard to change the status.
2. Even if you are an unemployed graduate, you can raise a capital and move into business.
-
FINANCIAL STABILITY AND SECURITY is an Important Requirement many women look at including me.
How can you expect a girl to reject a rich guy for you that live in a public yard and earn below #30,000 monthly?
The girl may really love you but she need a partner who is Financially stable,
Many ladies are not looking for a Dangote kind of guy but a Hardworking Financially Stable Guy.
and I see nothing wrong in that.
He may not have his own house, atleast let him afford a 1 or 2-bedroom flat.
He may not have a murano or quest, atleast let him afford a mercedes even if it is old model.
Women just want to be comfortable.
So Mr Broke guy,
Why not focus on improving your financial status instead?
From #30,000, aim to be getting atleast up to #70,000 and above, monthly.
From Public yard, aim at living in a comfortable apartment.
-
No woman want to suffer, YES the woman may have a good job or business, but she need an equal or higher earner than her as a partner.
You get the drift?.
ALSO.
Some Broke Guys are LAZY in nature!
Women do appreciate hardworking guys, we do.
But the lazy type! Hush.
There are many unemployed graduate who love staying indoors, sleeping and always online looking for a girl to bully.
Why are such guys suprised at being broke?
They are proud and lazy to humble themselves and learn an income earning skill.
Tomorrow, these are guys who will be calling girls "GOLD DIGGERS" for rejecting their lazy azz.
-
Dear broke guy, Wake up,
Work hard to improve your financial status,
Go and learn an income earning Skill,they are many out there to learn from.
My Final point is that a guy should be financial stable first before thinking of a serious relationship or marriage.
OK. Broke is not permanent to a hard working guy.
LOVE YOU ALL.
Thank you.

Amarabae, thank you for advising we broke guys. We trust God to take away our "brokeness"

This is why the continued detention of Evans is lawful.

This is because the Nigerian Police obtained the requisite order to remand him for three months pending the time thorough investigation would be completed and he would be properly arraigned in court...
THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

http://thelegaldiary.com/why-evans-should-remain-in-detention/

@lalasticlala, mynd44, Seun

http://thelegaldiary.com/bail-free/

On the 28th of March, 2017, Daily Post reported that a Yola High Court sitting in Adamawa State granted former Governor of the state, Bala Ngilari bail on health grounds after he appealed against his recent conviction.

Justice Nathan Musa granted the former governor bail in the sum of N100 million with two sureties, who must deposit Certificates of Occupancy of landed property owned in Yola.

The judge ruled that Ngilari would enjoy his bail pending the determination of his appeal.

Justice Musa had in March 2017 sentenced Ngilari to five years in prison, without an option of fine, for violating the Public Procurement Act in the award of contract for the purchase of 25 vehicles during his administration.

The governor, who appealed his conviction, went back to the same court that convicted him, and asked for bail pending the determination of his appeal.

After listening to arguments from Ngilari’s counsel, Sam Olugunorisa, SAN, and that of the Economic and Financial Crimes Commission, EFCC, Abubakar Aliyu, Justice Musa granted Ngilari bail.

Ngilari’s bail application was supported by a medical report from Yola Prison, which stated that he had been under intensive medical care.

According to the medical report signed by a Deputy Comptroller in charge of Health, John Bukar, the former governor had diabetes, hypertension and insomnia.

The report stated that Ngilari, who had been referred to Canada Specialist Hospital in Dubai, for evaluation and management, had blood pressure that was rising between 180/110 MMHG to 190/120 MMHG.

However, the Comptroller of Adamwa Command of the Nigerian Prison Service, NPS, Peter Tenkwa, rejected the medical report on which Ngilari was granted bail.

Addressing reporters on the 27th of March, 2017 in Yola, Tenkwa said he was not aware of the letter and had communicated to the prison headquarters.

Tenkwa said, “Nigeria Prison Service, as I stated, knows nothing about this letter; whoever wrote that letter is on his own. I have been directed to query the officers involved.”

The Prison boss in the state noted that all he knew was that he got a letter dated March 23 from Adamawa Ministry of Justice concerning the health facilities in Yola Prison where Ngilari was remanded and that after accessing the facilities, he replied to the letter, informing the ministry that the facilities were okay.

“We have enough medical facilities to handle high profile inmates like Ngilari; we even received some supply of drugs on Friday,” Tenkwa said.

My long term friend, Pastor Yemi Adetayo has asked me why Ex-Governor Bala Ngilari had to use N100 million and his properties to pay for his bail despite the popular slogan that “BAIL IS FREE”.


Points to Note:
1. Bail is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.
2. According to the Nigerian Constitution which guarantees right to personal liberty, the Police cannot, except in capital or other serious offences, detain a person beyond 48 hours in any case. Put differently, the police is empowered to grant bail to arrested persons where it is impossible or impracticable to bring them before a Court within a reasonable time as required by the constitution.
3. Note that there is no statutory provision as to the procedure for applying for bail in the Police Station. However, it is usually in writing and signed by the suspect or his lawyer or surety. It may be with or without bond.
4. BAIL IS FREE! Although in practice it is not unusual for the suspect or their family members to give money to the police to secure the bail of the arrested person but this is clearly illegal.
5. Note that it is fact that people automatically turn themselves to Father Christmas at the police station out of fear that has encouraged the police to always demand for money ILLEGALLY before they grant bail.
6. Once the suspect is charged to Court, the Police bail lapses and another application has to be made by the accused or his legal representative, immediately after arraignment before the Court which may be oral or in writing as the Court may direct.
7. Any person arrested for any offence triable on Information (i.e. at the High Court) shall within a reasonable time of the arrest be brought before the Magistrate Court for remand which the Magistrate have power to make a remand order after examining the reasons for the arrest as stated in the request form filed by the police.
8. In respect of the above, the maximum period which the Magistrate may remand the suspect is sixty (60) or fourty-two (42) days, depending on the jurisdiction and it may be extended only on good cause shown that necessary steps have been taken to arraign the person before an appropriate Court or tribunal.
9. Once the accused has been taken to Court, application for his bail is usually made to a Magistrate or the judge and the granting of bail by the Court depends on whether the offence is a simple offence, misdemeanor or a felony. Bail is usually refused in respect of a capital offence except in special circumstances.
10. In deciding whether or not to grant bail, the court takes into consideration several factors such as Whether the accused will appear to stand for his trial (whether or not he will jump bail), ill-health of the accused etc
11. The Court must not refuse the accused bail as a punishment. This is because the accused is usually presumed innocent until his guilt is proved beyond reasonable doubt.
12. Note that the accused is only required to enter into recognizance in the sum fixed by the Court. It is not a requirement of the law that he should deposit money before bail is granted. Simply, he is to find sureties who are worth the sum attached to his bail and are ready to guarantee his appearance in court during his trial.
13. In granting bail, the amount of bail to be taken in any case shall be fixed with due regard to the circumstances of the case, status of the accused person and shall not be excessive. Thus where the sum is excessive, application may be made to a higher Court for the review of the conditions of the bail.
15. Where a Magistrate to whom application for bail has been made refused or neglected to grant bail, application could be made to a Judge of High Court who shall have power to grant such bail.
16. When the circumstances are brought to the knowledge of the Court that a person already granted bail ought not to have been granted bail, the Court may cause him to be arrested and may commit him to prison until the trial, or if thought fit, reconsider and increase the sum in which he had earlier bond himself.
17. When an accused jumps bail by failing to appear as specified, the Magistrate or Judge may issue a warrant for his arrest and to be brought before him. The surety may forfeit his bond upon the accused absconding or of failing to show up in Court.
18. However, if it is brought to the knowledge of the court that the surety intentionally aided the accused person to jump bail, the court may commit such a surety to prison upon being tried and convicted of obstruction of justice.
19. An accused that has been convicted is no longer presumed innocent. He becomes a prisoner. Although he may apply for bail pending the hearing of his appeal, such a bail is usually rarely granted. The Court only grants bail upon special circumstances being shown by the prisoner.
The above points of law shows that the accused person(s) or their sureties are not required to pay for the bail. Rather, they are required to enter into recognizance in turn of the value attached to the bail. For example, Ex-Governor Bala Ngilari is only expected to get two (2) sureties that worth N100 million who must deposit Certificates of Occupancy of their landed property owned in Yola. In essence, BAIL IS FREE!

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

VISIT: http://thelegaldiary.com/bail-free/

IS BAIL TRULY FREE?
My long term friend, Pastor Yemi Adetayo has asked me why Ex-Governor Bala Ngilari had to use N100 million and his properties to pay for his bail despite the popular slogan that "BAIL IS FREE".
Points to Note:
1. Bail is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court....
http://thelegaldiary.com/bail-free/

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

IS BAIL TRULY FREE?
My long term friend, Pastor Yemi Adetayo has asked me why Ex-Governor Bala Ngilari had to use N100 million and his properties to pay for his bail despite the popular slogan that "BAIL IS FREE".
Points to Note:
1. Bail is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court....
http://thelegaldiary.com/bail-free/

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

IS BAIL TRULY FREE?
My long term friend, Pastor Yemi Adetayo has asked me why Ex-Governor Bala Ngilari had to use N100 million and his properties to pay for his bail despite the popular slogan that "BAIL IS FREE".
Points to Note:
1. Bail is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court....
http://thelegaldiary.com/bail-free/

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

IS BAIL TRULY FREE?
My long term friend, Pastor Yemi Adetayo has asked me why Ex-Governor Bala Ngilari had to use N100 million and his properties to pay for his bail despite the popular slogan that "BAIL IS FREE".
Points to Note:
1. Bail is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court....
http://thelegaldiary.com/bail-free/

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

@Daboomb
Thanks for the complement
Firstly, a tenant-at-will is a person who is in occupation of a real property (land) owned by another until such time as the landlord gives notice of termination of the tenancy.

As much as I'm not very clear with the first question, I perceive you are interested in the legal implication of the insertion "fixed and certain". It means both the landlord and tenant have specifically agreed to the particular amount as rent i.e. neither of the parties can claim more or less than that.

And in respect of the fact that it is a yearly tenancy, it means the rent is "fixed and certain" for the period of one year the tenancy subsists.

Note that after one (1) year that the tenancy has been terminated by effluxion of time, the tenant will now become a tenant-at-will until he is given notice by the landlord to leave. The notice is usually a 7days notice of intention to recover possession.

IS BAIL TRULY FREE?
My long term friend, Pastor Yemi Adetayo has asked me why Ex-Governor Bala Ngilari had to use N100 million and his properties to pay for his bail despite the popular slogan that "BAIL IS FREE".
Points to Note:
1. Bail is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court....
http://thelegaldiary.com/bail-free/

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

Sola Raphael who is just 17 years old had just completed her Secondary School education at Abanikanda Grammar School. Sola is a very brilliant and intelligent student who can be best described as the pride of any parent or teacher. She held the post of the Senior Prefect Girl in her secondary school and was awarded as the best student of her set.

Sola lost her father at the age of 3 years old and had since relied solely on her mother for support. Her mother sells fruits at Adelu junction where Sola, as a well trained and understanding child, goes to help her attend to her customers. This had been her practice even right from primary school; she wastes no time in getting to her mother's fruit shed immediately the school closes. The shed is made of woods and planks covered with rusted roofing sheets with enough space to conveniently house two large fruit stands.

On the 3rd of September, 2016, Sola was the only one at...

http://thelegaldiary.com/mr-kalid-rape-sola/

Titilola Afolabi is the only child of her parents, Mr. & Mrs. Tolulope Afolabi. She celebrated her 21st birthday on the 3rd day of October, 2015 but before this date, her father had promised to surprise her beyond her imagination on this special days of hers. Titilola kept wondering what this surprise could be and not even her guesses appeared convincing to her instinct.
On this special day, one would think a public holiday had been declared to celebrate Titilola on her birthday. Funny enough, everything that pre-occupied her mind were the thoughts of what the surprise could be. "Or is it that Nonso was going to propose and he had connived with Dad or something?", she thought.
At exactly 5pm in the evening, Mr. Afolabi approached the garden in the compound where Titilola was having fun with her friends. Yes! She was very much convinced and relieved that the cat would finally be let out of the bag and the eagerness was written all over her face.
"My dear daughter and queen" Mr. Afolabi started "I've never been oblivious of how much you've been making your mother and I proud. This token is for you" {Handing her a brown envelope}. All her friends were very sure the envelope housed a fantastic sum of money. Surprisingly, they were all wrong.
Titilola opened the envelope and discovered it contained some papers. One of her friends, Pelumi Livingstone muttered "Mscteeww! What's special about paper now? We have enough of it to buy as lecture materials in school". Hardly had she completed her statement than Titilola screamed, "Jesus Christ! I'm I dreaming? Four (4) plots of land at Lekki? For only me?"
Titilola ran inside, knelt down and appreciated her father while shedding tears of joy. Her friends were very amazed upon hearing that their friend now has a land at Lekki as they never expected it. Titilola became the subject of every student's discussion in the school the following week.
On the 16th November, 2015, Titilola participated in an International Debate Competition organized by Toslac Productions Limited for future leaders. Titilola came 1st at the Debate Competition which held at the King's College, London and was offered a masters scholarship to Cambridge University as well as the sum of £5,000.
Barely two weeks after Titilola returned from the Competition, Mrs. Afolabi heard that Mr. Kunnuho, the owner of the land bordering gifted her daughter was willing to sell his two (2) plots and, on the advice of her mother, Titilola invested N5million in the said land to make her land a full acre. She got all the related title documents and signed the necessary papers.
On the 15th day of December, 2015, Titilola discovered Mr. Kunnuho subsequently sold the land to another person who had commenced the erection of a fence on it. Titilola informed her father, Mr. Afolabi who immediately got policemen to arrest the innocent purchaser of the land as Mr. Kunnuho could not be traced.
The policemen released the innocent purchaser without contacting Titilola and her father. Mr. Afolabi later learnt that the DPO had collected money from the innocent purchaser claiming the highest bidder have their backing. Titilola and her father, Mr. Afolabi are seeking a way out.
Points to Note:
1. Trespass to land, called "trespass" simply means the interference with the possession of land without lawful justification.
2. A person who directly enters upon another's land without permission, or remains upon the land, or places or projects any object upon the land may be liable for trespass to land.
3. Trespass to land is committed where the defendant, without lawful justification:
(i)Enters upon the land in the plaintiff’s possession.
(ii)Remains upon such land.
(iii)Directly places or projects a material object upon such land.
4. The tort trespass seeks to protect a person's possession of land, and so only a person who has exclusive possession of land may sue. For instance, a tenant may sue a landlord who enters the leased land without his permission.
5. Trespass may occur in any of the following ways:
(i) Entering upon land.
(ii) Trespass ab initio (Where a person lawfully enters a land but subsequently abuses the privilege of that law by committing some wrongful acts).
(ii) Trespass to the airspace.
(iii) Trespass to the ground beneath the surface.
6. A trespass may be a "continuing trespass" where there is a failure to remove an object (or the defendant in person) unlawfully placed on land. Note that this will lead to a new cause of action each day for as long as it continues.
7. Trespass to land is an intentional tort. Note, however, that the intention to do the act is required, not an intention to trespass. Consequently, deliberate entry is required and lack of knowledge as to trespass will not be a defence.
8. Involuntary entry such as where a person is forced to enter the land does not amount to trespass.
9. Licence (express or implied) and right of entry are defences to an action for trespass to land.
10. Damages, injunction and legal action for the recovery of land are all remedies to trespass to land.
11. The Nigerian Police Force is generally not responsible for deciding land matters such as ownership of land, whether there has been trespass etc An exception to this is where a crime has been committed while persons are dealing with land.
Based on the foregoing laws, the innocent purchaser is trespassing on Titilola Afolabi's land. Therefore, she is advised to get her lawyer to write the trespasser a letter issuing them warning to stop further acts of trespass on the said land. Where the trespass persists, she may have to seek redress in court or by alternative dispute resolution mechanisms.

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://thelegaldiary.com/titilola-afolabi-sue-trespass-land/

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Hello People. It's so nice and interesting to have you on-board. Have you ever observed that Law is almost, if not, everything in the society? Believe it! The Law can either make or mar you. You think it is only Lawyers that should know the Law? Definitely not! In fact, what should give your Lawyer an edge over you is that he know where to find the Law.
For your own interest, THE LEGAL DIARY seeks to educate you on your legal rights and duties by posting the Legal stories of people and proffering Legal advice as much as possible. This can be in form of decided cases, fresh briefs or even hypothetical cases we can learn from.
Note, however, that nobody is an island of knowledge or above mistake. So, the opinions of learned persons on the various platform are also welcome. This is also an opportunity for us to ask that question that has been bothering us about our legal rights or duties in our day to day activities.

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Hello People. It's so nice and interesting to have you on-board. Have you ever observed that Law is almost, if not, everything in the society? Believe it! The Law can either make or mar you. You think it is only Lawyers that should know the Law? Definitely not! In fact, what should give your Lawyer an edge over you is that he know where to find the Law.
For your own interest, THE LEGAL DIARY seeks to educate you on your legal rights and duties by posting the Legal stories of people and proffering Legal advice as much as possible. This can be in form of decided cases, fresh briefs or even hypothetical cases we can learn from.
Note, however, that nobody is an island of knowledge or above mistake. So, the opinions of learned persons on the various platform are also welcome. This is also an opportunity for us to ask that question that has been bothering us about our legal rights or duties in our day to day activities.

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Hello People. It's so nice and interesting to have you on-board. Have you ever observed that Law is almost, if not, everything in the society? Believe it! The Law can either make or mar you. You think it is only Lawyers that should know the Law? Definitely not! In fact, what should give your Lawyer an edge over you is that he know where to find the Law.
For your own interest, THE LEGAL DIARY seeks to educate you on your legal rights and duties by posting the Legal stories of people and proffering Legal advice as much as possible. This can be in form of decided cases, fresh briefs or even hypothetical cases we can learn from.
Note, however, that nobody is an island of knowledge or above mistake. So, the opinions of learned persons on the various platform are also welcome. This is also an opportunity for us to ask that question that has been bothering us about our legal rights or duties in our day to day activities.

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Hello People. It's so nice and interesting to have you on-board. Have you ever observed that Law is almost, if not, everything in the society? Believe it! The Law can either make or mar you. You think it is only Lawyers that should know the Law? Definitely not! In fact, what should give your Lawyer an edge over you is that he know where to find the Law.
For your own interest, THE LEGAL DIARY seeks to educate you on your legal rights and duties by posting the Legal stories of people and proffering Legal advice as much as possible. This can be in form of decided cases, fresh briefs or even hypothetical cases we can learn from.
Note, however, that nobody is an island of knowledge or above mistake. So, the opinions of learned persons on the various platform are also welcome. This is also an opportunity for us to ask that question that has been bothering us about our legal rights or duties in our day to day activities.

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Hello People. It's so nice and interesting to have you on-board. Have you ever observed that Law is almost, if not, everything in the society? Believe it! The Law can either make or mar you. You think it is only Lawyers that should know the Law? Definitely not! In fact, what should give your Lawyer an edge over you is that he know where to find the Law.
For your own interest, THE LEGAL DIARY seeks to educate you on your legal rights and duties by posting the Legal stories of people and proffering Legal advice as much as possible. This can be in form of decided cases, fresh briefs or even hypothetical cases we can learn from.
Note, however, that nobody is an island of knowledge or above mistake. So, the opinions of learned persons on the various platform are also welcome. This is also an opportunity for us to ask that question that has been bothering us about our legal rights or duties in our day to day activities.

Visit THE LEGAL DIARY on http://thelegaldiary.com/
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