Justice Chambers

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY.   LEGAL NUGGETS⚖️   Violenti Non Fit Injuria ¶Simply put, To one who is willing, no harm is done. Take participating in potentially dangerous games or sports for instance, An individual cannot claim compensation in tort for any injury suffered during this activity. This is due to the fact that he has prior knowledge of the dangers attached to the activity.  ¶The defense of violenti non fit injuria is pleaded in the law of tort. Where it is successfully pleaded, it operates as a complete defense, absolving the defendant of all liability.  ¶The requirements for this defense include;  ¶An agreement: may be express or implied ¶Made voluntarily  ¶With full knowledge of the risks involved. ¶These three requirements must be fulfilled to successfully plead the defense of violenti non fit injuria.    FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS  Lex Non Cogit ad impossibilia  ¶ This is an age-long maxim. Literally, it means, "the law does not compel a man to do that which he cannot possibly perform" ¶ Where the law establishes a duty or charge and the party is unable to perform it, without any default on his part and has no remedy over it, the law is bound to excuse him.  ¶ Circumstances that is taken as a valid excuse include an act of God or a natural calamity.   ¶ In contractual law, where a party is unable to fulfill his contractual obligations due to impossibilities he has no control over, the principle of impotentia excusat legeme would come to his rescue.   ¶ This maxim has reiterated in a plethora of cases. (Attorney General of Lagos state vs Ali Hassan 2013). FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS BONA VACANTIA  Bona vacantia property, which remains unclaimed after a certain period of time, sometimes reverts to government ownership. In other cases, the government is obliged to serve as custodian for bona vacantia property into perpetuity. The concept of bona vacantia has its origins in English common law. Common situations where property can become abandoned are when a person dies with no known heirs or next of kin; when a business or unincorporated association is dissolved the assets thereof are not distributed appropriately; in some cases, when a trust fails; or when the property owner leaves a jurisdiction without leaving any contact information. FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️.  LEGAL NUGGETS  PERJURY  ¶ Judges often base their verdicts, sentences, or other important decisions on sworn testimony and signed documents. Statements given under oath and certain legal documents are presumed to be truthful, or at least made in good faith.  ¶ To “perjure” oneself is to knowingly make misleading or false statements under oath or to sign a legal document you know to be false or misleading.   ¶ Under the Nigerian law, perjury is punishable by 14 years according to section 118 of the criminal code. In another case, the offender could be liable to an imprisonment for life if the perjury leads to the conviction of another for an offense punishable by death or imprisonment for life.    FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS   AUTOMATISM   Automatism can be seen variously as lack of voluntariness, lack of culpability or excuse. It means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. The defence of automatism is denying that the person was acting in the sense that the criminal law demands. As such it is really a denial-of-proof – the defendant is asserting that the offence is not made out. The prosecution does not have to disprove the defence as is sometimes erroneously reported; the prosecution has to prove all the elements of the offence including the voluntary act requirement. Automatism is a defence even against strict liability crimes like dangerous driving, where no intent is necessary. There are several limitations to the defence of automatism in English law. Prior fault, intoxication generally excludes automatism, even whe...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS   Writ of Mandamus ~ Mandamus is a judicial remedy in the form of an order directed from a court. ~ The term mandamus literally means " We command "   ~ This order of mandamus can directed to a private corporation, or any of its officers, to an executive, administrative or judicial officer, or to a court of lower jurisdiction, commanding the performance of a specific act. ~ This specific act is one in which the judicial officer, corporation or executive is legally compelled to do. ~ Writ of mandamus is also used to compel a government agency to uphold the law or correct an indiscretion.    FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   WEEKLY LEGAL NUGGETS BAILMENT   KEY TAKEAWAYS - Bailment arises when property is given to someone for safekeeping, and is a legal course of action independent of contract or tort. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel. - To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel. - In finance, bailment applies to the legitimate transfer of securities, such as shares of stock, from one owner to another for the purpose of short selling. Here the short seller borrows shares on margin in order to sell them - however, the short seller does not own those borrowed shares.   FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS   APPEARANCE   ° An official court form filed with the court clerk which informs the court that a party is representing himself in a lawsuit or that an attorney is representing such party. All court notices will be delivered to the address listed on the form.  ° Filing for an appearance in a civil case implies that the defendant is submitting to the court’s jurisdiction. ° Once it is established that an attorney is representing the party, the attorney may make an appearance for the client on some matters without the client being present.  ° A lawyer or attorney makes a "special appearance" when he/she is appearing only for the purpose of the matter before the court that day. ° On the other hand, a "general appearance" indicates to the court that the client is definitely the lawyer's and the court can proceed. In the future, the lawyer will be required to represent the client. ...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️ LEGAL NUGGETS  WARRANTY  KEY TAKEAWAYS - Warranties usually have exceptions that limit the conditions in which a manufacturer will be obligated to rectify a problem. For example, many warranties for common household items only cover the product for up to one year from the date of purchase and usually only if the product in question contains problems resulting from defective parts or workmanship. - Warranties typically only apply to products that have not been altered or modified after they were purchased. Each company has its own process for addressing warranties. Even if a product is still within the timeframe designated by a warranty, the company may require multiple points of proof to show that the product failed in the normal course of operational use. If the product failed because of the actions of the owner rather than because of any fault in the design or manufacturing, the warranty is not likely...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   ALIENATION  ⚫ A term in property law, It is commonly applied to lands or tenements.  ⚫ Alienation could be voluntary or involuntary.  ⚫ The freedom to alienate property is considered essential to having complete ownership.  ⚫ Alienated land is that which has been acquired from customary landowners by the government, either for its own use or for private development requiring a mortgage or other forms of guarantees. ⚫ Alienation may be made by deed; by matter of record or by devise.   FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS ALIMONY KEY TAKEAWAYS - Alimony refers to a periodic pre-determined sum awarded to a spouse or former spouse following a separation or divorce. - The goal of alimony is to provide spousal support in order that they continue the lifestyle to which they are accustomed to after divorce. - Alimony will often be awarded to ex-spouses of long term marriages (i.e. greater than 10 years) and will stop upon death, remarriage, or court order. The George Iwilade Afrika essay competition is still open. Click here to learn more about it and submit      FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS OBAFEMI AWOLOWO UNIVERSITY⚖️   EQUITABLE INTEREST An Equitable interest arises where there is an interest in a property, although the party with the interest does not possess a legal title. This kind of interest is usually defeated by a legal title. A Legal title is the true and enforceable ownership of a property. This cannot easily be overridden, except for when an equitable interest exists. An equitable interest in land may be expressly created, inferred or imposed by a court. It does not transfer legal ownership of the property, it simply gives the individual or entity the right to use and also enjoy the property. Equitable interest as a beneficiary of a trust can be contrasted to a trustee’s legal interest in the trust property.    FROM THE DIRECTORATE OF LITIGATION AND RESEARCH The George Iwilade Afrika essay competition is still open. You can register below to participate. http://www.justicechambersoau.com.ng/2020/07/george-...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS   EXPUNGEMENT While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged. A very real distinction exists between an expungement and a pardon. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. A pardon ( also called "executive clemency") does not "erase" the event; rather, it constitutes forgiveness. Each jurisdiction whose law allows expungement has its own definitions of expungement proceedings. Generally, expungement is the process to "remove from general review" the records pertaining to a case. In many jurisdictions, however, the records may not completely "disappear" and may still be available to law enforcement, to sentencing judges on subseque...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS   ESCROW   -Escrow is the use of a third party, which holds an asset or funds before they are transferred from one party to another. -The third-party holds the funds until both parties have fulfilled their contractual requirements. - Escrow is associated with real estate transactions, but it can apply to any situation where funds will pass from one party to another. Other contexts that use escrow include Internet transactions, banking, intellectual property, real estate, mergers and acquisitions, and law, and many more.     FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS   ✓ An accessory is connected to a crime but does not actually participate in the commission of the crime. ✓A person is guilty of being an acessory after the fact if he learns of the crime after it is committed and helps the criminal to conceal it, aids the criminal in escaping, or simply fails to report the crime. ✓ In addendum, the law states that;   "Accessorium non ducit sed sequitur suum principale " that is,  " An accessory does not draw, but follows its principal." ✓ This principle translates to the fact that one who is an accessory to a crime cannot be guilty of a more serious crime than the principal offender. The principal offender(s) is the one who does the act or makes the omission which constitutes the actual offence.    FROM THE DIRECTORATE OF LITIGATION AND RESEARCH .