Computer generated evidence:Admissibility of digital contents and photographs in Nigerian Proceedings.

The method of tendering and admitting a photograph in a judicial proceeding in Nigeria will be dependent on the type of photograph and whether it falls under computer generated evidence i.e digital photographs. For many years now, photographs have been admissible in evidence in Nigeria on proof that they are relevant to the issues involved …

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Can a lawyer borrow and affix the NBA Stamp/Seal of another lawyer who did not sign the legal document?

The emergence of the NBA stamp and seal has made it mandatory for legal practitioners in Nigeria to affix their stamp and seal on documents they purport to prepare or sign. Sometimes lawyers who have not applied for their ┬ástamp and seal or who have exhausted it elect to borrow stamp and seal from 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 …

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 …

HOW TO DISCREDIT THE TESTIMONY OF AN EXPERT WITNESS THROUGH CROSS EXAMINATION IN NIGERIA.

  In most trials in Nigeria, persons are called as witness to prove a particular set of facts in a case. These set of persons are called experts meaning that they are either skilled and knowledgeable at what they do. Some of these experts are medical doctors, scientists, surveyors etc. Most times lawyers cross examining …

PROCEDURE FOR ACQUIRING LICENCED FIREARMS IN NIGERIA.

Due to high level of crime and insecurity in the country, citizens have started deeming it fit to atleast have a firearm in their homes to use for protection against armed robbers and other imminent dangers. the quest for private possession of firearm is on the increase. The possession of firearms is highly regulated so …

Enforcing claims following trademark and passing off violations in Nigeria.

The tort of passing off and trade mark infringement is very important in the life of a society. Individual person in a society has the right to life and the right to engage in any legal kind of economic activity to sustain the kind of life style that the individual has chosen. The law of …

How to recover your premises from a tenant in Nigeria

The challenge of recovering premises from a tenant is a quagmire every landlord can relate to in Nigeria. Evicting a tenant who is in lawful occupation must be done in accordance with the requisite landlord and tenancy laws. Some landlords have resorted to self help by taking actions such as locking the door of the …