Uroko Luke Agada & Associates

27/09/2024

26/09/2024

06/08/2023

The labours of our heroes past no de in vain so?

13/07/2023

Legal implcations of Thumbs Up 👍🏽in Internet Communications

In a world dominated by the internet, our digital footprints can have unexpected consequences. A recent case in a Canadian court serves as a striking reminder of the evolving nature of communication and the significance of emojis in today's society.

It all began when Kent Mickleborough, a grain buyer for South West Terminal, sent a text message expressing his interest in buying flax to several grain producers on March 26, 2021. Flax, a plant renowned for its versatile uses, captured the attention of Mickleborough and potential sellers. Little did they know that this seemingly innocent text exchange would lead to a legal battle with surprising implications.

After the initial text, Mickleborough engaged in conversations with Bob Achter of Achter Land & Cattle Ltd and his son, Chris Achter, as revealed by legal documents. In an effort to solidify the agreement, Mickleborough drafted a contract specifying the purchase of 86 tonnes of flax with a delivery period in November 2021. He even took a photo of the signed document, featuring an ink signature, and sent it to Chris Achter with a simple request: "Please confirm flax contract."

In response, Chris Achter conveyed his agreement by using a thumbs-up 👍 emoji. To Mickleborough, this emoji represented confirmation of the contract. However, when the delivery date arrived, Achter Land & Cattle Ltd failed to fulfill their end of the bargain, citing the thumbs-up emoji as a mere acknowledgement of receipt rather than acceptance of the contract, according to an affidavit.

While Achter's legal counsel expressed concerns about the implications of assigning legal weight to emojis, Justice Keene dismissed the notion. He acknowledged the non-traditional nature of using a 👍 emoji as a signature but emphasized that the court must adapt to the changing landscape of technology and common usage.

In his ruling, Justice Keene recognized that emojis have become a significant part of communication in Canadian society. As such, courts must be prepared to face the challenges that may arise from their usage. He affirmed that the "thumbs-up" emoji's acceptance as a valid means of entering into contracts reflects the new reality shaped by technology. To this end, he requested Achter Land & Cattle Ltd to pay Kent Mickleborough the sum of C$82,000 ($61,442) plus interest for breaching the contract.

So, the next time you're about to send that thumbs-up emoji, or any emoji at all, remember that it may carry more weight than you think. The virtual realm has created a new frontier for legal interpretation, and our emojis have become the signatures of the digital age.

- Tosin. A.

16/06/2023

Enjoy your weekend!

27/04/2023

I am not unmindful of the Grace of God and the Love and support of people of goodwill for me. I am thankful for yet again another anniversary of my Birth. Happy Birthday to me.

31/01/2023

15/01/2022

CHANGE OF NAME

Did you know that a newspaper publication alone is not enough to effect a valid change of name in Nigeria? Surprised?

It has been popular knowledge for a while now that when one needs to effect a change of name, they would need to depose to an affidavit of change of name and a newspaper publication.

However, the recent Supreme Court judgement in the case of P.D.P & ORS v. BIOBARAKUMA DEGI- EREMIENYO & ORS has clearly stated otherwise. Please find below an introduction before a layout of steps required to validly effect a name change in Nigeria.

Generally, an individual has the right to change his or her name at any time for different reasons especially marriage, divorce, child adoption, etc. However, certain steps need to be fulfilled for the change of name to be valid in law, find below the steps required thus:

The first step in processing a change of name in Nigeria is to swear to an affidavit under oath in any of High Courts close to the applicant stating the reasons for the change of name. The affidavit is a statutory document that records the intention to abandon the old name for the new.

The next step is to announce publicly the change of name by publishing the new name in at least one recognized national newspaper, so as to give the general public notice that the individual has effected a change of name.

Further, for official certificates bearing the old name of the applicant, a deed poll needs to be sworn to in the Supreme Court of Nigeria deposing to facts necessitating the change and that the change will be effected by the relevant authority that issued the certificate.

Finally, the new name of the individual is to be printed in Nigeria Official Gazette. This process involves sending an application to the Documentation Department of Publication, Civil Registry, requesting the advertisement of the change of name. The application fee for the publication is from N 5000.00 (Five Thousand Naira only) or more.

The application must be accompanied with the following documents: Deed poll of change of name The name of the applicant as listed on the birth certificate or any citizenship documents The full name the applicant is applying to change.
. A signed Affidavit of change of name A newspaper cutting advertising the change of name Passport photograph of the applicant Photocopy of the marriage certificate for the applicant whose purpose for change is as a result of marriage.

It is noteworthy that if any correction (including name) is intended to be made on any certificate, the proper authority to make the same is the one that issued it. Hence, one still has to recourse to the issuing authority with most of the documents listed above to validly effect a change.

*Strictly Legal Precedents.*