VINE SOLICITORS

08/04/2022

SCHOOL PROPERTY FOR SALE!!!

A MASSIVE PURPOSE BUILT SCHOOL PROPERTY ON THREE FLOORS, SITTING ON AREA APPROXIMATELY 1784.136 SQUARE METERS, CONSISTING OF

1. 23 ENSUIT CLASSROOMS,
2. 7 ENSUIT OFFICES,
3. A RECEPTION,
4. 2 HALL,
5. 16 TOILETS
6. 6 BATHROOMS
7. A GENERATOR HOUSE
8. GATE HOUSE ( A ROOM SELFT CONTAINED)
9. MASSIVE PARKING LOT AND PLAY GRAND..

CENTRALLY LOCATED AT ROTIMI OGUNRINDE CRESCENT, IGBOBI ESTATE, OFF AGBEDE- AJEGUNLE ROAD, NEAR OMERTAG PLAZA, AGBEDE TRANFORMER BUS/STOP. AGBEDE ,OGUN STATE.

PRICE: N150 MILLION

CONTACT. THE SOLICITOR ON 08034581304, 08098314639

16/02/2022

What a brilliant day.

09/02/2022

22/08/2020

On Whether Letter Written in Course of Mediation Between Parties Prior to Litigation is Admissible:
An insight into the Supreme Court laudable decision in Ashakacem V. A.M. INV. Ltd. [2019] 5 NWLR PT.1666 PG. 447-452.

SUMMARY OF FACTS:
The parties entered into a contract for the purchase and supply of Low Pour Fuel Oil. The respondent agreed to supply the Oil to the appellant’s storage tanks in Ashaka and Kano within six weeks. The agreed unit price per litre for supply to Ashaka was N65.00 while that for Kano was N59.50.

In the course of the supply, the respondent wrote a letter to the appellant to request for a dual upward review of the contract prices of oil supplied to the appellant’s Kano and Ashaka storage tanks. And the appellant replied in writing.

Thereafter, the respondent supplied Oil to the appellant’s Kano storage tank.
Subsequently, a dispute arose between the parties over balance payment for Oil supplied. The parties went for reconciliation chaired by a third party. In course of the mediation, the respondent wrote a letter dated 2 March, 2009 in which it admitted a shot fall in oil supplied on the basis that the appellant would, in return, award it a contract for further supply of oil to the appellant. But the mediation failed to settle the parties” dispute.

The respondent sued the appellant. During trial, the parties called one witness each and tendered documents in evidence. The documents included the letter (exhibit M) the respondent wrote to the appellant to request for a dual upward review of the contract prices of oil supplied to the appellant, and the appellant’ s reply (exhibit E), which was silent on the respondent’s request. The documents tendered at trial also included an email (exhibit L), which had an internal memo of the appellant as an attachment.

The appellant sought to tender the respondent’s letter dated 2nd March, 2009 written during the failed mediation between the parties, but the trial court rejected the letter on the basis that it was privileged because it was written in course of settlement of the dispute between the parties.
Under cross-examination, the appellant’s witness acknowledged receipt of the email (exhibit L). He confirmed its origin and the authenticity. He stated that the quantity of oil (6,384,469 litres) stated in its attachment as supplied to the appellant was according to dipping. He agreed that the exhibit confirmed exhibit F in evidence.

After the appellant had closed its defence and the matter was adjourned for adoption of written addresses, the appellant filed an application to re-open its case to lead further evidence, but the trial court dismissed the application.

In its judgment, the trial court found that the respondent delivered 6,384,469 litres of oil to the appellant’s Kano storage tank at N69.50 per litre, and not at N75.00 per litre claimed by the respondent. Therefore, it awarded N91,662,435.44 as unpaid balance to the respondent.

Both parties were dissatisfied with the trial court’s judgment. The appellant appealed with leave of court against the two rulings of the trial court by which it rejected the letter dated 2 March 2009 tendered by the appellant and dismissed the appellant’s application to reopen its case. The appellant also appealed against the trial court’s judgment. On its part, the respondent cross appealed against the amount awarded to it by the trial court, and argued that it ought to have been based on N75 per litre instead of N69.50 per litre.

The Court of Appeal dismissed the appellant’s appeal. On the other hand, held that by virtue of exhibits E and M, the parties mutually agreed to vary the price of oil supplied to the appellant’s Kano storage tank from N59.50 per litre to N75.00 per litre, So, it allowed the cross-appeal, set aside the award of N91.662.435.44 the trial court made in favor of the respondent, and awarded N126.777.014.37 to the respondent.

Dissatisfied, the appellant appealed to the Supreme Court.

Held: (unanimously dismissing the appeal) .

The following issues were raised and considered:

On whether letter written in course of mediation between parties prior to litigation is admissible:

A letter written in the course of mediation between parties to a dispute is inadmissible in evidence in a subsequent suit between them.
The principle is based on the need for the parties to speak freely in their quest for a peaceful resolution of the dispute. The need for free discussion would be seriously prejudiced or impaired if any offer or admission made in the process of the negotiation would be given in evidence and used in support of a party’s case in court afterwards if the negotiation breaks down. Therefore when the negotiations are reduced in writing they are usually marked “without prejudice for the avoidance of doubt and so remain inadmissible against the parties or any of them in the ensuing suit in court. However, if the words without prejudice” are not stated in plain language, it does not detract from the fact that the words are implied in the negotiations conducted in documentary form or verbally.

In this case, the respondent’s letter dated 2nd March 2009 was made in the process of reconciliation between the parties. So the Court of Appeal rightly upheld the decision of the trial court that the document is inadmissible.

On Purpose of signature on document and when unsigned document is admissible:
The legal requirement of signature on a document is to determine the document’s origin and authenticity with regard to its maker. Where certain situations exist, an unsigned document could be admissible where oral evidence is presented to clarify the document and its authorship.

In this case, the parties agreed that exhibit L emanated from the appellant and that rendered it admissible. Therefore, the Court of Appeal rightly found the document was admissible.

Courtesy:
Moruff O. Balogun Esq

18/08/2020

THE MEANING OF "NEXT OF KIN."

Please read!

"The Term “Next Of Kin” Simpliciter, Does Not Confer The Right Of Inheritnce On The Person So Named: Of What Use is the term?"

INTRODUCTION:

The meaning and the legal implication of the term “next of kin” have been constantly misunderstood by the ordinary public. It appears, though erroneously, that many people think that once you are appointed the next of kin of a person, it automatically gives you the right to inherit the person’s estate upon his demise. In fact, many people think that, a next of kin gives an exclusive right over a person’s property.

The above erroneous believe and understanding of the term next of Kin has made many people to shy away from the need to make a Will. This is because, they think appointing a Next of Kin, is a way of naming your beneficiary. However, the above assumption is not in conformity with the law. It must be noted that, ignorance of the law is not an excuse.

WHAT THEN IS THE MEANING OF THE TERM “NEXT OF KIN”?

The term, next of Kin has been described as the nearest blood relative of a person. See JOSEPH v FAJEMILEHIN O.O & Anor (2012) LPELR-9849(CA). The term can also refer to a person who can be contacted or notified in cases of emergencies or eventualities. For instance, one of the forms that is usually filled while on transit, requires the information of next of kin. This is needed in case of any accident. In other words, where there is an accident involving that person, his next of kin shall be notified or informed.

Also, the term is constantly put into use by hospitals. In this case, next of kin means a person who can make medical decisions for a person who is incapacitated or unable to do so, during emergencies.

The term is also frequently used in financial documents by banks and other financial institutions. In this instance, next of kin means a person who can ensure that the proper steps are taken towards the recovery of the money held at the bank, at the demise of the owner. In other words, being a next of kin of a person, as regards his money in the bank, does not give a right to inherit such money, either partly or as a whole.

WHAT IS THE LEGAL IMPLICATION OF THE TERM NEXT OF KIN AS IT RELATES TO THE LAW OF SUCCESSION?

It must be noted that appointment of a next of Kin is not a substitute to the making of a valid WILL. The reason is because, when a person dies testate (that is, the person made a valid Will), the matter of next of kin is of no relevance. The estate of a deceased person who dies testate is distributed strictly according to the Will. Thus, his next of kin will only be entiled to his estate, if the WILL says so.

On the other hand, in a situation where the deceased died intestate (that is, without making a valid Will), the question of the distribution of his estate is governed by the law. The customary law/Islamic law or the Administration of Estate Law will apply depending on the kind of marriage contracted by the deceased. In other words, if the deceased contracted a statutory marriage (popularly known as court marriage), the distribution of his estate shall be governed by either the English Law or the Administration of Estate Law. See OBUZEZ V OBUZEZ (2007) 10 NWLR (Pt.1043) 430. It must be noted that the Administration of Estate Law provides for the order of inheritance which must be complied with strictly and a next of kin, is not among the categories of those entitled to inheritance in this instance.

In other words, Succession is regulated by law. It is only those entitled by law to inherit a deceased person’s estate that can do so. A next of Kin is not one of such persons. However, this is without prejudice to his right to inherit on a personal ground. Thus, if the person so named as a next of kin is the son of the deceased, he is entitled to inherit, not as a next of kin, but because he is the legitimate son of the deceased. Also, if the person so named as a next of kin, is also named in a valid Will made by the deceased, he is entitled to an inheritance not because he is a next of kin, rather, because, he is named in the WILL.

CONCLUSION

A next of kin, who is usually a blood relative, though not always, has no legal right of inheritance by virtue of his status as a next of kin simpliciter. However, it must be noted that the appointment of a next of kin is not a means or method of naming an heir. A next of Kin is not recognised as an heir under the Nigerian law of succession.

Therefore, next of kin, stricto sensu, does not by any stretch of imagination, entitle the person so named an automatic right of inheritance. If the person so named as a next of kin is not entitled either by the WILL or by other laws of inheritance, to inherit, he cannot be conferred with the right of inheritance by the mere fact that he is named as a next of kin.

It is hereby submitted that when it comes to the law of succession, the term next of kin has no legal implication. It therefore does not confer the right of inheritance. Thus, it is erroneous and unlawful for anyone to claim any inheritance on the singularly reason that he is named as a next of kin. Such claims have no legal bases and are unfounded.

A. Suleiman Esq

21/06/2020

Happy father's day to our esteemed clients. Fatherhood is a symbol of responsibility. A responsibility that shapes destinies and generations.

01/06/2020

Every new month comes with it own blessings.VINE SOLICITORS welcomes you to the month of June full of abundant grace and beautiful opportunities.We Care!!!

31/05/2020

LOOKING AT THE NEW NORMS IN A POST COVID 19 LEGAL PROFESSION AND THE MARKET PLACE.

The short-term impact of COVID-19 on people, businesses and markets applies across sectors and market segments, and requires a range of immediate actions, while positioning for the strongest possible future.

Consequently, the legal sector, and with that -corporate legal departments - will be affected, too. The legal industry, and the legal function within many businesses, is at an early stage of transformation, as becomes apparent from the study‘Legal Departments in a Digital Era’the European Company Lawyers Association (ECLA) conducted in collaboration with Wolters Kluwer.

Companies are now in survival mode. I believe it will very much depend on how long it takes before we are back to business as usual. At the same time lawyers might now discover the possibilities of digital solutions and working remotely.

This moment does not leave much space to look at the after, as we still struggle to see beyond tomorrow. Yet, we discovered that there is a huge difference between the occasional home-office and setting it as a “new normal.

The COVID-19 crisis is an unprecedented stress test of our processes and organisations. For many legal professionals working 100% remotely and relying only on digital is radically changing the way they work. This unexpected new standard is challenging habits, collaboration practices, and even our competencies.

As much as we are adopting new hygiene standards, we are also progressively being more aware of cybersecurity matters, data accessibility issues or new forms of collaboration. Finding new workarounds for common tasks (signing, reviewing, negotiating, etc.), which required paper and physical presence, inevitably involves more digital solutions in our daily routines.

This situation will no doubt be a wake-up call for the legal industry to challenge their processes and align them with their people, needs and scaled digital solutions. We need to take advantage of this unique opportunity, in modern history, of having the whole legal industry “in-house.

Just as there is a silver lining to every cloud, COVID-19 has brutally forced all companies to operate on a mostly remote basis, yet not all legal departments were fully prepared.

Fortunately, there are myriad collaborative tools readily accessible and easy to operate even for the most recalcitrant lawyers with digital allergy.

COVID-19 is clearly an accelerator insofar as we are required to continue to counsel clients on every day and urgent matters as well as strategic matters, as if we were operating on a business as usual basis.

This forces immediate flexibility and pragmatism, so we are getting the job done.This is not without difficulties, particularly for those confined in small apartments with young children, or with several working professionals simultaneously on videoconference in the same space.

Looking forward, if we wish to increase the numbers of lawyers able to effectively work from home on a fully operational basis without distractions, will require considering options such as remote shared office spaces with individualised high-speed internet and cubicles for privacy and health safety.It goes without saying that this will also require having access to high performing digital tools.

Perhaps, it very much depends on how well the contract management system is managed and how actively a business is able to respond to for example contract alerts generated by the system. What is key is besides digital maturity is the actual management of the data generated by for example a contract management system.

Legal data should be considered as key management information. In our business we see that clients in the current circumstances truly experience the advantages of outsourcing of certain types of legal work and the continuity that this brings.

Clearly the more digitally advanced companies have an advantage during this type of situation, as do those which have already been operating remotely. Remote access to all company data and archives is critical to enable normal operations to continue as usual.

Similarly, the more companies have been able to implement solutions such as contract automation that enable delegation to commercial teams to create contracts without intervention from the legal teams, the more this enables legal teams to focus their time on higher value legal counseling.

The current situation we are in will show what the value is of decent contracting and of legal management data. A good contract that is well managed, can mean the difference between bankruptcy or survival of a company.

At the same time it will be more essential than ever to be cost effective and use your resources as legal department in a smart way.

While COVID-19 will definitely accelerate the digital transformation process for legal departments, legal has always been an essential business function. From its ability to drive revenue, reduce costs, and avoid risks, deals have to get done under any circumstance in an efficient manner, even at distance, as it directly contributes to the bottom line.

I am afraid that many lawyers will fall back in the old habit of simply working more hours instead of making real progress with using the right software solutions and working more efficiently. At the same time, this seems to be the perfect moment for each business to look at their legal costs and how to save on them. If presented in the right business case, this would open up possibilities for more legal software adoption and efficient working.

Software providers have a great responsibility in this context, as they need to empower legal professionals and guide them wisely.The critical situations some organisations are facing generate a sense of hurry and could lead to regrettable rushed decisions.

One of the key aspects of the study Legal Departments in a Digital Era which we conducted together with ECLA, is the misalignment between digital solutions and internal processes.Figures clearly reveal that choices are primarily based on functional aspects before considering organisational consequences. More "digital" is certainly the right answer to avoid another collapse for legal professionals, but only if we take the time to analyse where we fell short with our processes. A successful project will always rely on a balanced combination of people, processes and solutions.

Hopefully, the COVID-19 crisis will be of great impact and will help make a difference between nice-to-have functionalities and essential ones: what we want versus what we need.

The past weeks allowed us to get a glimpse at what legal professionals would be looking for in terms of legal software solutions: Electronic signature has been lagging behind in the priority list of technologies to be implemented and the results of the study confirm it: barely 25% of legal departments currently use electronic signature.

This solution proved itself crucial and will bump to the top of the list along with data repositories. Access to data is another critical point, as it was already on the radar with the consequences of Brexit or the expiration of the Libor index. Legal departments keep looking for "force majeure" clauses with the COVID crisis, and contract lifecycle management tools combined with AI solutions can demonstrate their highest value.

Eventually, both electronic signature and data management solutions will not be sufficient if they are not backed with collaborative tools to organise access to legal information and seamless communication with the rest of the organisation. In the end, software providers will also have to build up their own level of requirements as clients' expectations will strengthen in terms of roadmap visibility, service-level and deep understanding of their clients' business.

Greystone Solicitors

02/04/2020

FOR ALL THOSE WHO HAVE LOST THEIR LIVES AND THOSE IN ISOLATION; OUR PRAYERS ARE WITH YOU

THE EPIDEMIC OF COVID 19 WILL BE OVER SOON.

11/05/2019

Happy weekend to our esteem clients!!!

27/09/2018

THE PRACTICE OF BONDING IN BUSINESS TRANSACTIONS IN NIGERIA.

What is a BOND?
A Bond is an agreement by someone to pay money or discharge some other obligations to another person. It is a form of guarantee usually taken as security for advances or discharge of some other obligations. This is different and distinct from bond financing.

Bond financing is a type of a long term borrowing that governments frequently use to raise money, primarily for long-lived infrastructural assets. They obtain this money by selling bonds to investors in exchange, they promise to repay this money with interest according to specified schedules.

The practice of bonding developed from the relationship of employer and employee and the desire of the employer to safeguard and protect his trade secrets or goods from being stolen or transferred to another employer.

Bonds are crucial security instruments in local and international business transactions particularly in construction contracts. Bonds plays a vital role in enhancing performance of contracts due to the additional assurances contained therein.

The purpose of a bond is to provide the employer with some financial security in the form of a cash sum payable by the lender for the contractor’s failure to perform his obligations under the construction contract. The nature of failures which are covered by the bond depend upon the wording of the bond.
An apt description of bonds was given by Daniel Atkinson in the following words.

‘’ Bonds are a useful means of creating financial security for the employer for a contractors failure to perform. The type of bond chosen will dictate whether the employer indeed has security which is of any practical value, or whether it simply provides him with an expensive and time consuming legal remedy”

Bond instrument may be executed by the government, a company, an individual or any other business entity, evidencing money borrowed and the promise to pay back with or without interest to the holder.

The use of bonds is a common feature and characteristic of government contracts in Nigeria where the government wishes to ensure that person who submit bids for contracts have requisite technical and financial resources to perform their obligations and duties under the contract, in line with the terms, stipulations and conditions thereof.

For example, in building contracts, the owner of the project may want to be sure that payment made to contractor are used for the purpose of the contract and not diverted.

These various forms of commitments, undertakings and assurances have accordingly come to be known as Bid bonds, Tender bonds, Performance bonds and Advance payment bonds. Time and space will not permit me to explain in detain each of the various bonds aforementioned.

It should be noted that the legal principles and rules in relation to contracts of guarantee also apply to bonds. Thus the validity requirements, formation and construction are basically the same. A bonds can also be vitiated by any of the elements that would vitiate a contract of guarantee.

By:
Stanley Eki Ughe Esq.
Principal Partner
Vine Solicitors
[email protected]