Justice Chambers

INTESTACY Intestacy simply means a situation whereby a person dies without making a will to share his property and estate. It refers to the condition of an estate of a person who dies without a will, and owns property that is worth more than their outstanding debts. A person who dies without leaving a will is called an intestate person. A will is a legal document voluntarily made, executed and witnessed according to law by a testator with sound disposing mind. Consequently, a person cannot claim any benefit under a will until the maker of the will dies.  When a person who was married with children dies intestate (without a will) then difficult questions such as who the beneficiaries entitled to the deceased’s property are. This often leads members of the family to engage in bitter dispute which may result in litigation.   Section 49 of the Administration of Estates Law deals with succession to real and personal estate on intestacy. The above narrative is but ...

LEGAL NUGGETS ✅ GARNISHEE ORDER In a garnishee proceedings, the third party indebted to the judgment debtor is called the garnishee. The principal parties are; the judgment creditor as applicant and the garnishee as respondent. One of the ways to enforce money judgment in Nigeria is through a garnishee proceeding by way of attachment of funds of the judgment debtor, which is in the hands or custody of a third party (the garnishee) For instance,  The garnishee is usually a bank, that the judgment debtor's account is in credit. The recent case of GTB Vs. Innoson Motors is a case in point. In which GTB as garnishee fought the case up to the apex court. The court has the right to discharge a garnishee in a proceedings. BROUGHT TO YOU BY THE DIRECTORATE OF LITIGATION AND RESEARCH.

  Legal nuggets MOTION A motion is a written request or proposal to the court to obtain a ruling or direction. There are varieties of motions and it has become standard practice to file certain kinds of motions with the court based on the rulings of the court.  Motions are often made before trials to resolve procedural and preliminary issues, and may be made after trials to enforce or modify judgments.  Motions may also be made to resolve legal issues in the case if there is no disagreement about the facts. They are usually called a motion for summary judgment or a motion for summary adjudication of the issues . These motions can resolve all or most of the issues in a case without the need for a trial.  Normally, one side submits a motion, the other side submits a written response, and the court holds a hearing at which the parties give brief oral arguments. Some motions are considered only on the basis of the writings. Then th...

  LEGAL NUGGETS ✅ Court mentions You have probably being to court and heard the counsels or the judge state that a matter on ground is 'for mention'. Well, a  matter is “mentioned” in Court where the matter is not formally listed for a plea of guilty or a plea of not guilty. A court mention differs from other types of Court hearings, such as trials.A court mention usually marks the beginning of a court process.  This word has been accepted in the legal circle to cover a date supplied by court fixed specifically to resolve certain questions.  The First mention This will generally be the firstpoint of interaction with the courts. For criminal proceedings, the first time that you go to court is called a ‘mention’. The purpose of the mention is for the court to find out whether the defendant wants to plead guilty or not guilty. For civil matters , this is typically a time allocated to the parties attending for the purposes of furt...

EX PARTE Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is on where the opposing party has not received notice nor is present. This is an exception to the usual rule of court procedure and due process rights that both parties must be present at any argument before a judge. It is in contrast to the rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte hearings, petitions, or motions are usually temporary orders, such as a restraining order or temporary custody, pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a good faith effort or diligent attempt to notify the opposing party's lawyer of the time and place of any ex parte hearing. Ex parte communication is a direct or indirect communication on the substance of a pending case without the knowledge, presence, or consent of all parties involved in the matter. Generally, ex parte comm...