Tenant’s defence to unlawful eviction in nigeria.

There are lots of posts and articles with respect to how a landlord can lawfully evict a tenant from his premises. I did a post on that on this blog. However it is pertinent and fair to also write a post on how a tenant can protest an eviction that he or she deems unlawful. …

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7 EFFECTIVE WAYS YOUNG LAWYERS CAN ATTRACT CLIENTS IN NIGERIA.

The RPC does not really favour young lawyers due to the fact that lawyers are restricted with respect to advertising and marketing themselves. Most professions advertises and solicits for work, even in the legal profession of some countries. However in Nigeria, the approach to this is different. Advertisement is a notice or display advertising a …

PROCEDURE FOR CONDUCTING SEARCH AT THE LAND REGISTRY IN NIGERIA.

The Land Instrument Registration Law of each State establishes a land registry for the State, where documents relating to land within the territory are kept, and it varies from one State to another. This is conducted where a lawyer acting on the instructions of the purchaser sends application to register of Deed or completes a …

HOW TO START YOUR OWN LAW FIRM IN NIGERIA.

A legal practitioner must ensure that markets exist for his service otherwise the purpose of establishing a law firm will be defeated. It used to be old law that every lawyer must undergo pupillage before they can open a law office. Thus a lawyer of less than 5 years post call was prohibited from engaging …

WHERE AND HOW A VALID CELEBRATION OF MARRIAGE IS CONDUCTED IN NIGERIA.

It is universally accepted that marriage, being a union of man and woman, involves two persons of opposite sex. Consequently, sex constitutes an essential determination of a marriage relationship. In order to establish the existence of a valid marriage, it must be proved that the persons involved are man and woman. A monogamous marriage in …

The effect of an affidavit or witness statement on oath without the swearing clause in Nigeria.

The swearing clause is a fundamental requirement of every affidavit or witness statement on oath. There have been instances where processes are filed without counsel inserting the oath clause. Is this omission a mere irregularity or fatal to the case? The oath Act 2004 provides that all Oaths must be in accordance with the oath …

PROCEDURE FOR TENDERING DOCUMENT THROUGH A WITNESS.

1. Witness is sworn on OATH by the court clerk/registrar. 2. Introductory questions are put to the witness such as; a. Tell the court your name b. what is your occupation? c. where do you live? etc. 3. Witness is asked if he made a written deposition before the court and he affirms. Counsel asks …

PROCEDURE FOR ADOPTING WITNESS STATEMENT ON OATH

  Distinction between affidavit and witness statement on oath. There has been a lot of confusion with respect to affidavits and written statement on oath hence the need to create an apt distinction. Affidavit evidence needs no adoption, unlike witness statement on oath i.e. once filed affidavit becomes evidence whereas witness statement on oath requires …

Bringing a lawsuit against Nigerian police for brutality.

There is a saying that "police is your friend " in Nigeria. Most people do not believe in this popular phrase anymore due to police brutality they've witnessed or experienced. Often times the Nigerian police acts outside the confines of their power as enshrined in the police Act. They use their uniforms and weapons to …

GOVERNOR’S CONSENT, STAMPING AND REGISTRATION OF LAND INSTRUMENTS IN NIGERIA.

The general intendment of the Land Use Act is to expressly vests title, management and control of the use of land in the Governor and regulate the interest of the land holder by prescribing consent to alienate in all cases which involve subsequent transaction in land covered by a right of occupancy. Perfection of title …

Is the decision of a child on who should have custody absolute in Nigeria?

During proceedings on child custody, some people believe that it is the child who decides whether the mother should be in custody or the father. While this may play a pivotal role in determining Child custody. Such a decision by the child is not absolute and automatic. The court will still look at other considerations …