C J Nwobi & Co.

23/05/2022

TRADITIONAL HISTORY/ EVIDENCE ON PROVING OWNERSHIP OF TITLE TO LAND

A person who relied on traditional history to land, must plead the name or names of the founder of the title and those after him or them, the persons the land devolved to the last successors without having any gaps.

It settled law that once the line of succession is not satisfactorily traced in an action for declaration of ownership of land or title and that line of succession has gaps and mysterious or embarrassing, linkages which are not explained or established such line of succession would be rejected.

29/04/2022

LANDLORD AND TENANT - NOTICE TO QUIT - Whether collection of rent from a tenant after service of notice to quit by the landlord amounts to a waiver of the notice to quit:

"The strongest point made by the appellant is that the Respondent had waived their right to forfeiture by demanding and collecting rent till 1995. I agree with the inference of the Court below in agreeing with the High Court that even though the Respondent collected rent till 1991, there was a letter by the Respondent's Counsel- Exhibit N written in 1992 clearly showing an intention to terminate the lease. The fact that a landlord collected rent on a property still in occupation or possession of the tenant after notice to quit cannot by any stretch of the law, equity or imagination amount to a waiver of the notice to quit even where the notice had expired and the tenant refused to yield possession in time. The notice to quit would subsist until it is formally rescinded by the landlord and or when a fresh tenancy agreement is entered into." Per HELEN MORONKEJI OGUNWUMIJU, JSC in PILLARS (NIG) LTD v. DESBORDES & ANOR (2021-LCER-40496-SC) (Pp 24 - 24; Paras A - E)

19/03/2022

It is trite law that the primary duty placed on a claimant who comes to court to claim a declaration of title to land is to show the court clearly, the area of the land to which his claim relates so that the land can be identified with certainty. In other words, in an action for declaration of title to land, the onus is on the claimant to prove title to a defined area to which the declaration can be attached.

22/12/2021

ON DUTY ON BANKER TO HONOUR CUSTOMER'S CHEQUE

A banker is under a duty to honour cheques drawn on it by a customer who has sufficient funds with the bank to cover the amount endorsed on the cheque. Therefore, where a banker refuses to pay a customer's cheque and the customer has sufficient funds, such a refusal, failure or neglect by banker to honour cheques in such circumstances constitutes breach of duty for which the bank will be liable in damages, and the extent or nature of damages is that actually resulting from the breach of contract.

19/08/2021

IKE v. IKE & ANOR
(2018) LPELR-44782(CA)
Read Full Judgment
ISSUE
MATRIMONIAL PROCEEDING(S) : Whether failure to produce a marriage certificate in a matrimonial proceeding affects the jurisdiction of the Court
PRINCIPLE
"I shall however begin this discourse with the issue of jurisdiction as raised by the Appellant as issue No. 5 while issues 1- 4 will be argued together. On this issue learned counsel for the Appellant submitted that the learned trial Judge lacked the jurisdiction to entertain the matter ab initio by reason of the fact that there was no evidence before the lower Court that the Petitioner and the 1st Respondent were ever married since the parties did not tender any marriage certificate. To begin with and judging from all the facts adduced at the lower Court, there is ample evidence that the parties i.e. the Petitioner and the Respondent had been married and living together in a union that produced a number of children. The said marriage according to facts adduced at the lower Court took place at Holy Cross Catholic Church, Benin City on the 28th day of December, 1985 and the marriage was blessed with 3 children namely: 1. IJEOMA PAMELA IKE 2. IKENNA DAVID IKE 3. VANESSA IKE It is also in evidence that after the marriage, the parties cohabited at the following addresses: a) No. 6 Hinderer Road, Apapa, Lagos 1987-1989 b) No. 12 Adebisi Omotola Street Isolo Lagos 1989-1993 c) No. 10 Victoria St. Off Isolo Way, Isolo - Lagos 1993-2000 It is also the contention of the Petitioner that the said marriage had broken down irretrievably, hence the petition before the lower Court. From the facts so far adduced there is no doubt whatsoever that there had been a valid marriage between the Petitioner and the Respondent. The parties are ad idem with the fact that there had been a valid marriage between them hence the approach before the lower Court for a dissolution of the said marriage which the Petitioner claimed had broken down irretrievably. The non production of a marriage certificate does not in my view, detract from the fact that the union was solemnized at Holy Cross Catholic Church on the 28th day of December, 1985. A marriage in a Catholic Church as agreed by both parties is a recognized monogamous marriage under the ordinances. See OBIEKWE V. OBIEKWE (2010) LPELR 864. Legally, a marriage in a licenced place of worship such as the Catholic Church in the instant case is legally recognized under the ordinances. In the instant case, both parties accepted the fact that their union was solemnized at Holy Cross Catholic Church, Benin. For the Petitioner to claim that there had been no marriage because the marriage certificate was not produced simply goes to no issue." Per EKPE, J.C.A. (Pp. 3-5, Paras. D-D)

28/05/2021

The right to freely belong to either a political party, trade Union or any other association for the purpose of protecting one's interest is guaranteed under section 40 of the Constitution of the Federal Republic of Nigeria 1999. Howbeit, this right belongs to both the association and the members equally. In otherwords, where expected conducts of members are spelt out in the association's rules and regulations, any person who wishes to be a member of such association must abide by those rules. It is not for him to pick and choose which aspect suits him at a giving time and which he is at liberty to do away with. To wish to so choose is to first disengage from the association otherwise, he is bound wholly and entirely to what has been provided by the association for the association or members on how its operations are to be conducted. See Offodile v. Onejeme (2021) 7 NWLR (PT.1775) 389 SC

28/05/2021

Notary Public Services And Responsibilities In Nigeria

INTRODUCTION

The Notaries Public Act 1936 (”the Act”) provides for the appointment, roles and responsibilities of a Notary Public in Nigeria. In Nigeria, Notaries Public are appointed by the Chief Justice of Nigeria. When a Notary Public is appointed, he is deemed to be an officer of the Supreme Court of Nigeria and has the power to attest to the authenticity of a document and such document will be recognised internationally for any purpose it is meant for.

Section 2(1) of the Act provides “The Chief Justice of Nigeria may appoint any fit and proper person being a legal practitioner to be a Notary Public for Nigeria (in this Act referred to as a “notary” or as a “notary public”.

PROCEDURE FOR THE NOTARISATION OF A DOCUMENT IN NIGERIA

The procedure for document notarisation in Nigeria is as follows:

The person or the owner of the document seeking notarisation services will submit the document to a Notary Public; and
The Notary Public seals or stamps the document (which is a requirement under the Act). Once done, the document is said to have been notarised.
After the notarisation process, the Notary Public is expected to keep a register of all the documents notarised for record purposes.

SERVICES OFFERED BY A NOTARY PUBLIC

The services offered by a Notary Public include but are not limited to the following:

1. Administration of oaths for giving of evidence;

2.Notarisation of Bills of Exchange;

3.Obtaining authentication from the Ministry of Foreign Affairs;

3.Preparation of Notarial Certificates of Law & Good Standing;

4.A Notary Public may be engaged in taking Affidavits, Declarations & Depositions;

5.Verification of Company documents and Verification of identity and/or signature;

6.A Notary Public may also witness the ex*****on of local and international documents such as Sale and Purchase Agreements;

7.Transfers of Land Agreement
Assignments of Intellectual Property;

8.Power of Attorney;

9.Deeds;

10.Security Documentation;

11.Mortgages; and

12.Company Resolutions, Minutes of Meetings and Reports.

IMMIGRATION SERVICES OFFERED BY A NOTARY PUBLIC

A Notary Public can also notarise the various documents below for immigration purposes:

1.Birth Certificate;

2.School Certificate;

3.Police Clearance Certificate;

4.Biodata page of International Passport;

5.Marriage Certificate;

6.Driver’s Licence;

7.Foreign documents required to be notarised in Nigeria before use; and

8.Affidavits.

CONCLUSION

In some cases, notarisation of a document may be a mandatory requirement, consequently, failure to notarise such documents may raise questions of their validity. Another effect is that such document may not be accepted for any official purpose by any authority or court of law in a case, where such document is required to be tendered as an exhibit before any court.

Furthermore, where a notarised document is also required to be used for any official purpose overseas, it must also be authenticated at the Ministry of Foreign Affairs.

27/05/2021

Due process of law means the measures authorised by the law so as to keep the streams of Justice pure; to see that trials and inquiries are fairly conducted; that arrests and searches are properly made; that lawful remedies are readily available; and that unnecessary delays are eliminated... Lord Denning,

26/05/2021

One of the most advantages of making a "Will" during your life time is to "avoid the problem of intestacy"

The implication of this is that the person whom you may not wish to benefit from you estate may gain from it; while those whom you desire to benefit from your estate may be deprived of it......

"So be wise, make your wishes through a Will to avoid problem of intestacy after your demise.

17/05/2021

" Owners of premises in Nigeria are under statutory duty to keep same under safe and habitable conditions."
"That the premises is in unsafe, dangerous and unhabitable condition is a ground which the Governor of a State could revoke the landowner's right of occupancy."

09/02/2021