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Showing posts from October, 2022

WEEKLY LEGAL NUGGETS

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY NUISANCE In ordinary language, Nuisance may be termed a disturbance, an inconvenience or an obstruction from the quiet enjoyment of one's environment. Nuisance was defined by the Supreme Court in the case of ADEDIRAN & ANOR v. INTERLAND TRANSPORT LTD (1991) LPELR-88(SC) as an act of commission tending to interfere with, disturb or annoy a person or persons in the exercise or enjoyment of a right belonging to that person or persons; if the person whose right is so infringed is an individual, the nuisance is a private one, but when it affects the public or a class of the public, it is then a public nuisance, whereas the private nuisance is within the competence of the victim to prosecute civilly, the public nuisance is a criminal matter for prosecution by the Attorney-General.”  Despite the broad definition given explaining Nuisance, not all situations that constitute Nuisance is actionable under Tort’s law ( A...

WEEKLY LEGAL NUGGETS

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY MARITIME LAW Maritime means things of, relating to, or bordering on the sea, especially in relation to seaborne trade or naval matters while Maritime law is the body of laws that relates to the affairs of the sea, such as seamen, ships, shipping, navigation, and the like. They set the rules for shipping, marine commerce, towing, recreational boating, navigation-related tort, and contracts. It also oversees workers’ compensation claims pertaining to accidents, injuries, and deaths that occur on navigable, domestic, or international waters. In essence, they are rules that govern activities that take place on oceans and seas. Maritime law is also referred to as Admiralty law. These rules help clear up various disputes that can occur and ensure that the people and organizations that work on the water behave correctly and are protected. The sea is a crucial medium through which human trade and commerce are conducted; it is...

WEEKLY LEGAL NUGGETS

EASEMENT An easement is a legal right to use another's land for a specific limited purpose such as a right of way. It is a Common Law property right. Simply put, it is a legal right of passage over another's property. There are two “types” of easements; Positive Easement and Negative Easement.  Easement is a right attached to land which allows the owner of that land (dominant owner) to use the land of another person (servient owner) in a particular manner (positive easement) or restrict its user by that person to a particular extent (negative easement) An easement is a right to cross or otherwise use someone else's land for a specified purpose, for example, to: lay electricity or telephone cables, maintain water, drainage and gas supplies, walk or drive across the land to get access to other land. Easements also includes a right to park a given motor vehicle on the servient land, provided that it is exercised in a manner which is civil and is exercised only to s...

WEEKLY LEGAL NUGGETS

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY EASEMENT An easement is a legal right to use another's land for a specific limited purpose such as a right of way. It is a Common Law property right. Simply put, it is a legal right of passage over another's property. There are two “ types ” of easements; Positive Easement and Negative Easement.  Easement is a right attached to land which allows the owner of that land (dominant owner) to use the land of another person (servient owner) in a particular manner (positive easement) or restrict its user by that person to a particular extent (negative easement) An easement is a right to cross or otherwise use someone else's land for a specified purpose, for example, to: lay electricity or telephone cables, maintain water, drainage and gas supplies, walk or drive across the land to get access to other land. Easements also includes a right to park a given motor vehicle on the servient land, provided that it is exe...

WEEKLY LEGAL NUGGETS

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY PERSONA NON GRATA This simply translates to " a person who is unacceptable or unwelcome ". Persona non grata comes from the Latin word persona, " person," plus non grata, "not pleasing. " The plural for is Persona non gratae. If someone becomes or is declared persona non grata, they become unwelcome or unacceptable because of something they have said or done. You can use the term persona non grata to describe anyone who is unwelcome, whether it's an obnoxious party guest or a trespasser using your yard as a shortcut. For example : He has become persona non grata in our club since his angry outburst. Complain loudly about your neighbor's cooking and you might be declared persona non grata next time she throws a dinner party. In other words, you'll be off the invitation list. In international law, the term in a diplomatic sense refers to a foreign person whose entering or remain...

WEEKLY LEGAL NUGGETS

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY ESCROW Escrow is a legal concept describing a financial agreement whereby an asset or money is held by a third party on behalf of two other parties that are in the process of completing a transaction. Simply put, an escrow is a transaction in which one person in a contract with another delivers a written document, money, evidence of title to real or personal property, or other things of value to a third person to be held by such person until the happening of a certain condition. The term generally is used to refer to the state or condition, though it properly refers only to a written instrument of instructions. The third-party with whom the property is kept in trust is known as an escrow agent or a depositary. The principal parties are the grantee and the grantor. The property given in trust for deposit is known as escrow property and the directions given to the person who accepts delivery of the document are called t...