Lawnerds legal practice

16/11/2021

We're a full-service law firm with vast business experience. We provide our clients with a full range of legal, business advisory and a transaction support services with a guarantee of skill, knowledge and professionalism.

01/06/2021

JOINT VENTURE AGREEMENT

A joint venture agreement involves two or more businesses pooling their resources and expertise together to achieve a particular goal. The risk and rewards are also shared.

The reasons behind forming a joint venture includes but not limited to; business expansion, development and increased capital.

31/05/2021

27/05/2021

LAND LAW: A PLAINTIFF SEEKING DECLARATION OF TITLE TO LAND MUST PROVE THE ROOT OF HIS TITLE

The law is that a plaintiff who seeks a declaration of title to land must prove the root of his title. See ARCHIBONG V EDAK (2006) 7 NWLR, PT 980, 485 (CA); D**E V OKOLOEDO (1999) 10 NWLR PT 623, 359 (SC) and OTANMA V YOUDUBAGHA (2006) 2 NWLRPT 964, 337 (SC). PER PATRICIA AJUMA MAHMOUD, J.C.A.

26/05/2021

HOW TO PROVE ROOT OF TITLE UNDER TRADITIONAL HISTORY.

MR. ODONMA DANIEL V. PASTOR GODFREY OCHECHEMA ADOLE
(2019) LCN/13919(CA)

It is trite that a party seeking for a declaration of title to land who relies on traditional history as proof of his root of title, must plead same sufficiently. That is to say, he must demonstrate in his pleading the original founder of the land, how he founded the land, and the particulars of the intervening owners through whom he claims. Where a party has not given sufficient information in his pleadings as regards the origin or ownership of the land and the line of succession to himself, he has just laid the foundation for the failure of his claim. In Ezeokonkwo V Okeke (2002) LPELR-1211(SC) 17-18, the Supreme Court, per Iguh, JSC held:
It cannot be over-emphasised that it is not sufficient for a party who relies for proof of title to land on traditional history to merely plead that he, and before him, his predecessors in title had owned and possessed the land from time beyond human memory. He must also plead and prove:- (i) who founded the land, (ii) how the land was founded and (iii) particulars of the intervening owners through whom he claims.?
Therefore, a party who hinges his claim of declaration of title to land on traditional history must establish how his ancestor, the original owner, acquired the land, i.e. whether by settlement, conquest or grant. A claim predicated on traditional history or evidence must be proved by any of the recognized methods, and the traditional history adduced must be cogent, un-contradicted evidence that must also be conclusive, if the party is to succeed. Thus, a plaintiff who relies on traditional history as his proof of title must aver in his statement of claim/counter-claim seriatim the genealogical tree or line of succession of the family from the cradle of its founding fathers to him and he must also lead admissible evidence in vindication or proof of the statement of claim/counter-claim. Unless he performs these twin procedural functions, his action is bound to fail.

PER JUMMAI HANNATU SANKEY, J.C.A.

25/05/2021

25/05/2021

24/05/2021

ALHAJI (CHIEF) AKIBU ALARAPE ADAMS & ANOR v. MR. M. A. FASASI & ORS (2018)

A PREVIOUS JUDGMENT IN RESPECT TO LAND IS EVIDENCE OF OWNERSHIP
It is settled law that a previous judgment obtained by a party in respect of a parcel of land which is in dispute in a subsequent proceeding will properly constitute an act of ownership and possession in an action for declaration of title on the part of the successful party, notwithstanding that the defendant in the subsequent suit was not a party in the previous suit. Per UGOCHUKWU ANTHONY OGAKWU, J.C.A

24/05/2021

JOVINCO NIGERIA LIMITED & ANOR v. MR. EMEKA IBEOZIMAKO (2014)

TENANCY LAW: LANDLORD – TENANT RELATIONSHIP; WHETHER THE LANDLORD CANNOT UNILATERALLY ALTER THE TERMS OF THE TENANCY AGREEMENT TO INCREASE THE RENT
The landlord-tenant relationship and issue of rent payable by a tenant to a landlord being one of a contract, the landlord cannot unilaterally alter the terms of the agreement, to increase the rent.
In Cobra Ltd vs. Omole Estate and Investment Ltd (2000) 1 NWLR (Pt. 655) 1, this Court per Galadima JCA (as he then was) following the decision in Udih vs. Izedonmwen (1990) 2 NWLR (Pt. 132) 357 at 366 has held that unless the landlord and the tenant are ad idem a landlord’s unilateral decision to increase the amount of rent payable is ineffective. per. AMINA AUDI WAMBAI, J.C.A.

01/03/2021

Happy new month!

01/03/2021

Happy new month!