Legal minds

16/01/2026

29/01/2025

GROUNDS ON WHICH A MARRIAGE MAY BE VOID.
Section 3 (1) a-e of the Matrimonial Causes Act lays down 5 grounds upon which marriage celebrated after the commencement of the act may be void.

A, Where either of the parties is lawfully married to a third party.Section 33(1) of the Marriage Act also invalidates such marriage. See R v. Princewill.

B, The parties are within the prohibited degrees of affinity and consanguinity.Section 4 of the Matrimonial Causes Act provides instances where parties within the prohibited degree of affinity only may marry with the consent of the high court judge. If the judge is satisfied and sees their peculiar case as exceptional, he may allow the parties to proceed.
There are no exceptions to the prohibition of consanguinity.

C, Failure to comply with the law of the place where the marriage is celebrated invalidate the marriage by lex loci celebrationis. Failure to comply with the formal local rules.
Section 7 to 17 of the act states the formal processes that need to be complied with before it can be said that a valid statutory marriage has occurred. See Bello v Bello

D, Real consent of either of the parties has not been obtained ( due to duress fraud, mistake as to identity, insanity so as not to understand the nature of the transaction).the consent of both spouses must have been obtained freely without fraud, duress, or mistake. Define each. It is immaterial that the party making the threat could not carry it out.see Singh v. Singh.

E, Either of the parties is not of marriageable age.Neither of the acts prescribes what marriageable age means. Owing to this lacuna in the law, we are adviced to take note of the provision of the child rights act which states that the age of majority is 18.

BY
FELIX CHIBUIKE
07089621300

30/04/2024

Brokerage ⚖️⚖️⚖️

09/04/2024

*WAYS OF RESPONDING TO A STATEMENT OF CLAIM (IN STATEMENT OF DEFENCE): I.E. TRAVERSE, DENIAL, ADMISSION, NEGATIVE PREGNANT TRAVERSE, CONFESSION AND AVOIDANCE, SET-OFF AND COUNTERCLAIM.*

*TO TRAVERSE* means to deny the allegation in the statement of claim in the absence of same, allegations may be deemed admitted. Traverse should not be evasive Traverse could be:

1. General: denial in general terms. “SAVE OR EXCEPT as herein expressly admitted, the defendant denies each and every allegation of fact contained in the statement of claim as if same were set out and traversed seriatim”. *Mandilas and Karaberis Ltd v Lamidi Apena (1969) NMLR 199.*
Material facts must still be specifically denied (and not in an evasive manner but in its entirety) as general traverse may not suffice *Akintola v Solano (1986) 2 NWLR 598*. *Chief Ugochukwu v CCB (1996) 7 SCNJ 22.*
2.Special Travers: is an affirmative denial;
3. Common traverse denies material allegations directly;
4.Negative Pregnant Traverse.
*ADMISSION:* defendant’s acceptance of a fact previously disputed either expressly or impliedly by not denying. Such fact needs no further proof-sc 121 and 123 EA.
*CONFESSION AND AVOIDANCE:* The defendant confesses, but raises a new fact/defence to negate his confession.
*COUNTER CLAIM:* the defendant’s claim against the plaintiff (independent of the plaintiff’s claim but) in the same proceeding to which plaintiff should file defence to counter claim within 14 days. Counter-claim can still stand notwithstanding stay or dismissal of action.
*SET OFF:* is the defendant’s monetary cross-claim to reduce the plaintiff’s claim for money. Set–off revolves around plaintiff’s claim and ends with the action.
*BY*
*FELIX CHIBUIKE*
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08/04/2024

it is not proper to make a lease above 3years orally

07/04/2024

*FACTS THAT MUST BE SPECIFICALLY PLEADED*
As a rule of proceedings, any matter that could surprise the other party must be pleaded specially and of course we all know that pleading includes, statement of claim, statement of defense and reply. Common examples are:
– Allegation of Fraud, Crime or illegality see *George v Dominion Flour Mills.*
– Where Adultery is alleged, particulars of adultery should be pleaded.
– Where libel alleged, particulars (time, place, words etc) of alleged libel *seeBruce v Oldham Press Ltd (1939) 1 KB (697).* Defences thereof too.
– Claim for special damages should detail the damages.
– Equitable maxims like Estoppel must be specially pleade.
– Defence that purchaser for value without notice.
– That document is unenforceable
– Written agreement/documents must be pleaded. *MAndila and Karaberis Ltd v Yesufu Otoikiti 1963 All NNLR 84.*
– Defences of time bar, waiver, Laches, Acquiesance, Undue Influence, res ipsa loquitur, etc *Adebisi v Oke (1967) NMLR 64.*
– Foreign, Islamic and Customary law if no judicial notice has been taken of the custom. *ANPP v Usman*
– Special and exemplary damages: Set off: Forfeiture: Bona fide purchaser without notice, Mortgages. Etc.
– Statutory immunity and exception.
– Facts seeking to bring a transaction within the ambit of a particular Act *see Yassin v Barclays Bank*
– Claim for declaration of title to land based on inheritance from several ancestors.
– Claim for set off, forfeiture,
*BY*
*FELIX CHIBUIKE*
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05/04/2024

Fighting in public is an offence ⚖️

31/03/2024

A police can not legally interfer with civil dispute ⚖️⚖️📓📓