Justice Chambers

VEXATIOUS LITIGANTS Vexatious litigation is a legal action that is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or maybe a repetitive, burdensome litigation that is devoid of merit.  Vexatious litigants are individuals who persistently take legal action against others in cases without any merit, who are forbidden from starting civil cases in courts without permission. The vexatious litigant may also be referred to as a “serial” or “malicious” litigant. A vexatious litigant frustrates the function and operation of the Court by manipulating the system for unjust purposes, usually to annoy, upset, or burden the relevant respondent, or the Court itself. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. Vexatious litigants are banned from starting court cases without permission. Nigerian courts have inherent powers to deal with vexatious litigant...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY ACT OF GOD In Latin, Act of God is termed Vis major which literally means, ‘superior force or act of god’. It describes a "superior force" that causes damage that isn't caused by nor preventable by humans.  Vis major is a defence under the Law of Tort (civil cases). It includes all direct acts of nature, the violence of which could not reasonably have been foreseen, controlled, or guarded against. The act is accepted legally as being outside human control and it usually restricts or eliminates culpability for injuries, damages, and losses.  Act of God is categorized major results from natural causes, such as a hurricane, tornado, or earthquake, or floods, and without the intervention of human beings. It is a loss that could not have been prevented by diligence or by having taken precautions. Loci Classici ( classic cases or examples) on Act of God are the cases of Nichols v Marsland and Blyth v. Birmingh...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY CLEMENCY Clemency pronounced as /ˈklɛmənsi/ literally means mercy or lenience. Clemency is a mechanism for granting a person convicted of a criminal offense relief from a court-ordered sentence or punitive measure. There are two main methods through which clemency can be given— pardon or commutation of sentence.   Clemency is defined as leniency granted for a crime. It is a general term used for the act of reducing the penalties of a crime, similar to a commutation (commuting a sentence means substituting it for a lesser sentence).  It does not necessarily mean that the crime gets overlooked or forgotten. But, in a sense it means the state forgives the crime. A pardon may be full, limited or conditional.          Clemency is commonly called Executive pardon, but it is only just one of its forms. If you receive a pardon, you are always receiving clemency, but if you receive ...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY RECORDING COURT PROCEEDINGS A courtroom is a place of solemnity and sober reflections so filming a trial in a courtroom is prohibited and illegal because it detracts from the decorum of the courtroom. The atmosphere of a courtroom is quite different from that of other public places, including being less tolerant of distractions and intrusions. While recording devices are allowed in most public places, their use in courtrooms is prohibited on the basis that it would be an intrusion upon the proceedings and also because parties to the matter might not want to be recorded in court as they may worry that the recording will somehow affect their ability to testify truthfully and effectively. Just as you wouldn’t expect to be able to record a conversation with someone without his permission, you shouldn’t expect to be able to record another's testimony during his deposition at trial.  Placing cameras in the courtroom has...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY CUI BONO? Cui bono? (Classical Latin: [kui̯ ˈbɔnoː]), in English "to whom is it a benefit?" It can also be rendered as cui prodest? ("whom does it profit?") and ad cuius bonum? ("for whose good?"). The phrase translates literally as "For whose benefit?". The question is asked with respect to an action that seems designed to have no discernible positive result for anyone involved, except the perpetrator of the action. It expresses the view that crimes are often committed to benefit their perpetrators be it financially or otherwise. The origin of the phrase has been traced back to Roman times where it was used in legal cases when a crime was committed not necessarily out of greed or money but for some other reason. Lucius Cassius, whom the Roman people used to regard as a most honest and most wise judge, was in the habit of asking time and again in lawsuits: "to whom might i...

THE RADIANT JUSTICE CHAMERS, OBAFEMI AWOLOWO UNIVERSITY  PATENT A patent grants the patent holder the exclusive right to exclude others from making, using, importing, and selling the patented innovation for a limited period of time. Patents are a type of intellectual property. Patents are known as one of the most powerful ways to protect your business idea or invention. They give you the right to stop other people from using or selling your invention for a certain period of time. The duration of this monopoly varies by country and type of patent. It is an exclusive right granted by government to an inventor or their assignee for an invention that meets the legal requirements of novelty, usefulness and industrial applicability. The concept of patent protection dates back to ancient Greece, where laws were enacted to protect inventors who developed new and useful products or processes. Patents are intended to encourage innovation. The five primary requirements for patentability are: ...

THE RADIANT JUSTICE CHAMERS, OBAFEMI AWOLOWO UNIVERSITY CAVEAT VENDITOR The opposite of caveat emptor is caveat venditor. Caveat emptor is a Latin term that means "let the buyer beware." Similar to the phrase "sold as is," this term means that the buyer assumes the risk that a product may fail to meet expectations or have defects. In other words, the principle of caveat emptor serves as a warning that buyers have no recourse with the seller if the product does not meet their expectations. The term is actually part of a longer statement: Caveat emptor, quia ignorare non debuit quod jus alienum emit ("Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party.") The assumption is that buyers will inspect and otherwise ensure that they are confident with the integrity of the product (or land, to which it often refers) before completing a transaction. Under the principle of caveat emp...

THE RADIANT JUSTICE CHAMERS, OBAFEMI AWOLOWO UNIVERSITY NOVATION Novation, in contract law and business law is the act of replacing an obligation to perform with another obligation; adding an obligation to perform, or replacing a party to an agreement with a new party. A novation is an agreement made between two contracting parties to allow for the substitution of a new party for an existing one. The original contracting party who is replaced by the new party with the novation is excused by the novation, and therefore the original party who is replaced gives up any rights it has against the other original party to the contract. All parties involved, generally a transferee, transferor and counterparty, must agree to these changes. Novati, as a legal term is derived from Roman law. There are three main ways to make a novation: 1) Novation : A simple novation doesn’t involve the entry of a third party. Instead, someone who owes debt enters into a new agreement with their lende...

THE RADIANT JUSTICE CHAMERS, OBAFEMI AWOLOWO UNIVERSITY WHAT "R" MEANS IN CASE CITATIONS In English criminal proceedings, the letter "R" represents Regina/Rex, the Latin term for the Queen/King. this “R” refers to the Crown or the Commonwealth indicating that the Crown is the Plaintiff, depending on the monarch in power. The letter "R" is a relic left over from the English system of which Nigerian law was adapted. Some legal cases make reference to the Old English cases, but few are actually aware of what they are and what they stand for. They hold a lot of weight in law as they have been tried, tested and used in the past and have served their purpose well. Case citations are used extensively to identify past court case decisions, either in a series of books called reporters or law reports or in a neutral style that identifies a decision regardless of where it is reported. They are also known as case names. It's important to fully understa...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY THE REASON EASTER IS A MOVEABLE FEAST The Easter Act 1928 (chapter 35) A moveable feast means a religious festival that occurs on a different date each year Easter and Passover are movable feasts. From the earliest years of Christianity, Easter has been a very important feast, and the date of the observance varied. By about A.D. 400, the Western Church assigned December 25 as the date for the observation of Christmas. The Easter season, however, has a variety of dates for its celebration. Historically, it is believed that Jesus Christ’s Resurrection occurred on a Sunday and therefore Easter should be celebrated on a Sunday but there were conflicts regarding this and they were resolved by the Council of Nicaea (Council of Nice). In A.D. 325 the Council of Nicaea (Council of Nice) decreed that Easter should be celebrated by everyone, everywhere, on the same day and the day should be the first Sunday after the first full...