Table of Contents

1. What to Do If Your Landlord Issues a Quit Notice

2. How to Execute a Judgment in Nigeria: A Step-by-Step Guide
3. How to Authenticate Court Documents and Legal Agreements in Nigeria
4. How to Choose the Best Business Structure for Your Company
5. Marriage, Paternity, and Inheritance Under Nigerian Law
6. Must Lawyers Affix Stamps on Affidavits They Depose To? 
7. Breaking Down Service of Notices of Appeal
8. Can a Notice of Appeal Be Amended at Any Time?
9. Frozen Accounts and Fundamental Rights
10. When to Draw the Line: Courts and Preliminary Objections in Nigerian Law
11. Proving Desertion in Matrimonial Cases
12. Embedding Counterclaims in CounterAffidavits
13. Understanding Counter-Claims in Nigerian Law
14. Recent Court Decisions: Insights on Matrimonial Proceedings in Nigeria
15. Navigating the Line Between Free Speech and Defamation in a Public Dispute
16. Understanding the Declaration of Title to Land in Nigeria 
17. Navigating the Nigerian Legal System: A Guide for Foreign Investors
18. Skills Necessary to Excel as a Nigerian Lawyer
19. Excelling in Your Profession: Insights from the Nigerian Legal Field
20. Understanding Courtroom Decorum: A Guide for Legal Professionals and Litigants in Nigeria
21. What to Expect When Invited for an Interview by a Security Agency in Nigeria During an Investigation
22. Understanding Your Rights as a Telecommunication Subscriber in Nigeria
23. What Is Unlawful Termination of Employment in Nigeria?
24. A Guide to Transferring Land Title in Nigeria
25. A Simple Guide to Writing a Will in Nigeria
26. Understanding Nigerian Employment Laws: What Employees and Employers Need to Know 
27. Applying for Bail in Nigeria: Administrative vs. Court Bail
28. How to Register a Trademark, Patent, Copyright, Obtain NAFDAC Approval, Obtain a SCUML Certificate, Acquire a Tax Identification Number and Tax Clearance Certificate in Nigeria
29. How to  Recover Your Property in Nigeria: A Simple Guide
30. What You Need to Know About Wrongful Transfer Reversal in Nigeria
31. Understanding Advanced Fee Fraud: What You Need to Know
32. How to Conduct a Proper Land Search in Nigeria: A Simple Guide
33. Understanding the Administration of Criminal Justice Act, 2015
34. A Comprehensive Guide to Operating an NGO in Nigeria
35. A Step-by-Step Guide to Company Registration in Nigeria
36. Key Elements of a Valid Contract: What you Need to Know
37. Understanding Legal Adoption and Legal Guardianship in Nigeria: Focus on Abuja
38. How to Determine a Genuine Lawyer in Nigeria
39. Understanding the Role of Lawyers in Nigeria
40. What to Expect from Your Lawyer in a Litigation Case in Nigeria
41. How to Resolve Landlord-Tenant Disputes in Nigeria

Receiving a quit notice from your landlord can be stressful, but it’s important to understand your rights and the proper steps to take. Whether the notice is valid or not, knowing how to respond appropriately can protect you from unlawful eviction and ensure a smooth transition. Here’s a guide on what to do if you find yourself in this situation.

1. Understand the Legality of the Quit Notice

The first step is to determine whether the quit notice complies with tenancy laws in your jurisdiction. You should check:

• The notice period: Does it align with your tenancy agreement or statutory requirements?

• The reason for the notice: Has your landlord provided a valid legal basis?

• The method of service: Was the notice delivered properly?

If the notice does not meet legal requirements, it may be invalid, and you have the right to challenge it.

2. Review Your Tenancy Agreement

If you have a written tenancy agreement, review it to understand:

• The agreed duration of your tenancy

• Conditions under which eviction can be enforced

• Whether the landlord has the legal right to issue the quit notice at this stage

If there is no written agreement, tenancy laws in your jurisdiction will determine your rights.

3. Find Out the Reason for the Quit Notice

Landlords issue quit notices for various reasons, such as:

   •   Expiration of tenancy

   •   Rent arrears

   •   Breach of tenancy terms

   •   Personal use of the property by the landlord

If the reason seems unfair or unlawful, you may have grounds to challenge it.

4. Consider Negotiating with Your Landlord

If you need more time to move out or resolve any disputes, consider discussing your options with your landlord. A reasonable landlord may agree to an extension or allow you to remedy the breach that led to the notice.

5. Seek Legal Advice

If you believe the quit notice is unjustified or illegal, consult a lawyer who specializes in tenancy law. A lawyer can:

   •   Review the notice for legal compliance

   •   Advise you on your rights

   •   Represent you in case of a legal dispute

6. Explore Legal Remedies

If your landlord did not follow due process, you may have the option to challenge the quit notice in court. Additionally, if your landlord attempts to evict you forcibly without following the law, you can seek legal protection against unlawful eviction.

7. Plan for Relocation (If Necessary)

If the quit notice is valid and you have no legal grounds to challenge it, start making arrangements to move out before the deadline. Consider:

   •   Searching for a new place early

   •   Arranging finances for a new rental

   •   Giving your landlord proper notice about your move-out date

8. Respond to Any Legal Action

If your landlord takes the next legal step by filing a recovery of premises suit, make sure you:

   •   Respond appropriately to court documents

   •   Attend court hearings

   •   Present any evidence supporting your case

Final Thoughts

A quit notice does not mean immediate eviction. Your landlord must follow due legal process, and you have the right to challenge an unlawful notice. By staying informed, seeking legal advice when necessary, and making timely decisions, you can protect yourself and ensure a fair resolution.

If you’re facing an eviction notice and need legal guidance, consult a tenancy lawyer to understand your options.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Tenancy laws vary by jurisdiction, and the appropriate steps may depend on your specific circumstances. If you have received a quit notice, consult a qualified lawyer to get personalized legal assistance.

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Winning a court case is only the first step in obtaining justice. The real challenge often lies in executing the judgment, ensuring the successful enforcement of the court’s decision. In Nigeria, a judgment creditor (the person in whose favor the court has ruled) must follow a legal process to enforce the judgment against the judgment debtor (the losing party).

This guide explains the different methods of judgment enforcement and the legal procedures involved.

1. Understanding Judgment Enforcement in Nigeria

A judgment is a binding decision of the court, but it does not automatically enforce itself. The successful party must take legal steps to ensure compliance. Execution is typically handled by the Sheriff of the court, with oversight from a judge.

Types of Judgments That Can Be Enforced

✅ Monetary judgments – Orders for the debtor to pay a specific sum of money.

✅ Declaratory judgments – Statements of legal rights that usually require further enforcement steps.

✅ Injunctions – Orders requiring someone to do or stop doing something.

✅ Orders for possession of land or property – Eviction or property repossession orders.

2. Methods of Executing a Judgment

The Nigerian legal system provides several enforcement mechanisms, depending on the type of judgment:

A. Writ of Fifa (Fieri Facias) – Seizure of Property

This is used to seize and sell the debtor’s property to recover the judgment sum.

✅ The judgment creditor applies to the court for a Writ of Fifa.

✅ The court authorizes the Bailiff or Sheriff to seize assets belonging to the debtor.

✅ The assets are auctioned, and proceeds are used to settle the judgment debt.

🔹 Applicable for: Monetary judgments where the debtor has valuable assets.

B. Garnishee Proceedings – Freezing and Seizing Bank Accounts

This allows the judgment creditor to recover money directly from the debtor’s bank account or third parties owing the debtor.

✅ The creditor files a garnishee application in court.

✅ The court issues a Garnishee Order Nisi, directing the bank to freeze the debtor’s account.

✅ If the garnishee does not object, the court makes the order absolute, and the funds are transferred to the creditor.

🔹 Applicable for: Money judgments where the debtor has funds in the bank.

C. Writ of Possession – Evicting an Occupant

This is used when a court has ruled that a property belongs to the judgment creditor, and the debtor refuses to vacate.

✅ The creditor applies for a Writ of Possession.

✅ The court issues an order directing the Sheriff to evict the occupant.

✅ If necessary, law enforcement agencies assist with eviction.

🔹 Applicable for: Landlord-tenant disputes, land recovery cases, property disputes.

D. Writ of Attachment and Sale – Auctioning Debtor’s Assets

If the debtor refuses to pay a judgment sum, their real estate, vehicles, or other assets may be attached and sold.

✅ The court issues a Writ of Attachment.

✅ The Sheriff seizes and auctions the debtor’s property.

✅ Proceeds are used to pay off the judgment debt.

🔹 Applicable for: High-value assets such as land, cars, or business properties.

E. Committal Proceedings – Arrest and Imprisonment for Contempt

If a debtor refuses to obey a court order, the creditor can apply for their arrest and imprisonment for contempt of court.

✅ The creditor files a Form 48 (Notice of Consequences of Disobedience).

✅ If the debtor still refuses to comply, a Form 49 (Application for Committal) is filed.

✅ The court may issue a bench warrant for the debtor’s arrest.

🔹 Applicable for: Injunctions, eviction orders, or other court mandates ignored by the debtor.

3. Steps to Execute a Judgment in Nigeria

Step 1: Obtain a Certified True Copy (CTC) of the Judgment

Before execution, the judgment creditor must obtain a Certified True Copy (CTC) from the court registry.

Step 2: File an Application for Execution

The creditor applies to the court for an enforcement method, specifying the assets or accounts to be targeted.

Step 3: Obtain the Court’s Approval

The court will review the application and grant permission for execution, often issuing a writ of execution.

Step 4: Engage Court Officials for Enforcement

Court Sheriffs or Bailiffs handle physical execution, often with police assistance.

Step 5: Follow Up Until Full Execution

If the debtor resists, further legal actions (e.g., contempt proceedings) may be necessary.

4. Challenges in Enforcing Judgments

While Nigerian law provides strong enforcement mechanisms, creditors may face difficulties such as:

🚩 Debtors hiding assets or transferring funds.

🚩 Banks refusing to comply with Garnishee Orders.

🚩 Court delays in approving execution processes.

🚩 Resistance from the debtor, requiring police intervention.

To avoid delays, working with an experienced lawyer is essential.

5. Alternative Ways to Recover a Judgment Debt

In some cases, enforcement through the courts may take time. Other recovery options include:

✅ Negotiating a Payment Plan – Some debtors prefer structured payments over asset seizures.

✅ Mediation & Arbitration – If both parties agree, alternative dispute resolution (ADR) can help settle payment issues.

✅ Debt Collection Services – Engaging a professional collection agency can put pressure on the debtor.

Conclusion

Executing a court judgment in Nigeria requires legal expertise, patience, and the right enforcement strategy. Whether through asset seizure, bank garnishment, eviction, or committal proceedings, judgment creditors have multiple legal tools at their disposal.

If you have a judgment to enforce, consult a qualified Nigerian lawyer to navigate the process efficiently and avoid unnecessary delays.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Execution of judgments may vary based on case specifics, court rules, and jurisdiction. Readers are encouraged to seek professional legal counsel for guidance tailored to their circumstances. The author assumes no liability for actions taken based on this information.

Ensuring the authenticity of court documents and legal agreements is essential to avoiding fraud, legal disputes, and unenforceable contracts. In Nigeria, several official channels and verification steps can help confirm the legitimacy of legal documents. Whether you’re dealing with a court judgment, a property deed, a contract, or a business agreement, this guide provides practical steps to authenticate them.

1. Verify Court Documents at the Court Registry

Court documents such as judgments, affidavits, motions, and rulings must be officially issued and certified by the court. Here’s how to confirm their authenticity:

Steps to Verify a Court Document

✅ Check for Certified True Copies (CTC): Legitimate court documents should bear a “Certified True Copy” stamp from the issuing court.

✅ Visit the Court Registry: Go to the court where the document was issued and request verification from the registry.

✅ Compare Case Numbers: Ensure that the case number matches the court records.

✅ Confirm the Judge’s Signature: Verify the signature and seal of the judge or court official.

✅ Cross-check Online (If Available): Some Nigerian courts, such as the Supreme Court, Court of Appeal, and Lagos Judiciary, have online case verification systems.

If you have doubts about a document, request an official copy directly from the court registry.

2. Authenticate Legal Agreements & Contracts

Agreements such as land sales, tenancy agreements, business contracts, and power of attorney must be properly executed to be legally binding.

How to Verify a Legal Agreement

✅ Confirm the Signatories: Check that all parties have signed with their full legal names.

✅ Notarization: A notarized document has legal weight and is authenticated by a Notary Public.

✅ Stamp Duty Payment: Ensure that the agreement bears a stamp duty from the Federal Inland Revenue Service (FIRS) or State Inland Revenue.

✅ Lawyer’s Endorsement: A properly drafted legal document should have a lawyer’s seal and signature, confirming it was prepared by a registered legal practitioner.

✅ Cross-check with the Corporate Affairs Commission (CAC): If the contract involves a registered business or company, verify the company’s registration on the CAC portal (www.cac.gov.ng).

3. Verify Land and Property Documents

Land fraud is a major issue in Nigeria, making it essential to confirm property ownership and transaction legitimacy.

Steps to Authenticate Land Documents

✅ Verify at the Land Registry: Go to the State Lands Registry where the property is located to confirm ownership.

✅ Check the Certificate of Occupancy (C of O): The C of O should be issued by the state government and have an official seal.

✅ Cross-check with Survey Plans: If a survey plan is included, verify it at the Office of the Surveyor General.

✅ Conduct a Search at the Corporate Affairs Commission (CAC): If a company owns the land, confirm its details at CAC.

4. Confirm Company & Business Agreements

When dealing with business partnerships, shareholder agreements, or investment contracts, always verify company details.

How to Verify Business Documents

✅ Check Business Registration at CAC: Use the CAC online portal to verify the business name and registration number.

✅ Verify Tax Clearance Certificates: Ensure the company has valid tax clearance from FIRS.

✅ Cross-check Financial Agreements with Banks: If a contract involves financial obligations, verify with the bank handling the transaction.

5. Verify Power of Attorney & Affidavits

Fraudulent power of attorney documents and affidavits are common in land and legal transactions.

How to Authenticate These Documents

✅ Power of Attorney: Ensure it is notarized and registered at the Land Registry (if property-related).

✅ Affidavits: Confirm that the affidavit is sworn before a competent court of law with an official court seal.

6. Use a Lawyer for Proper Due Diligence

To avoid falling victim to fake or altered documents, always engage a qualified Nigerian lawyer for verification.

Why Use a Lawyer?

✔ A lawyer can conduct legal searches at government agencies.

✔ They ensure documents comply with Nigerian laws.

✔ Lawyers can identify forged signatures, altered clauses, or missing details.

Conclusion

Verifying court documents and legal agreements in Nigeria is crucial for legal protection, fraud prevention, and enforceability. Whether dealing with court rulings, land sales, contracts, or company agreements, always cross-check with the relevant government bodies and seek professional legal advice.

If you need assistance with legal document authentication, consult a verified Nigerian lawyer or contact the appropriate government agency.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Verification processes for court documents and legal agreements may vary by jurisdiction and institution. Readers are advised to consult a qualified Nigerian lawyer or the appropriate government agency for case-specific guidance. The author assumes no liability for actions taken based on this information.

Introduction

Choosing the right business structure is a critical decision that impacts your legal liability, tax obligations, ability to raise capital, and operational flexibility. Whether you are a startup, freelancer, or expanding company, understanding the different incorporation options is essential.

In this guide, we will compare the main business incorporation types, their advantages and disadvantages, and help you determine the best fit for your business.

1. Sole Proprietorship vs. Partnership vs. Limited Company - Which One Fits Your Business?

Each business structure comes with unique benefits and challenges. Below is a quick comparison:

• Sole Proprietorship
  

Best For  

Freelancers, small businesses, self-employed individuals

Advantages    

Easy setup, full control, minimal costs

Disadvantages

Unlimited liability, hard to raise funds, no business continuity

• Partnership (General/Limited)
  

Best For

Joint ventures, professional firms (e.g., law firms, agencies)

Advantages

Shared responsibilities, easier fundraising, tax benefits

Disadvantages 

Unlimited liability (General Partnership), disputes between partners

• Private Limited Company (Ltd)

Best For 

Startups, growing businesses, investor-backed companies

Adavantages

Limited liability, separate legal entity, easier fundraising, business continuity

Disadvantages 

More regulations, higher incorporation costs

• Public Limited Company (PLC)

Best For 

Large corporations, businesses seeking public investment

Advantages

Access to public capital, enhanced credibility

Disadvantages 

High compliance costs, loss of control

• Incorporated Trustees (Non-Profit)

Best For 

NGOs, charities, religious and social organizations

Advantages

Legal recognition, tax benefits, liability protection

Disadvantages 

Regulatory oversight, no profit distribution, administrative costs

Want to know which one is best for you? Contact us for expert guidance!

2. Key Factors to Consider When Choosing an Incorporation Type

Before incorporating your business, consider:

• Liability Protection: Do you want to separate your personal assets from business risks?

• Tax Implications: Different structures have different tax obligations.
  

✔ Fundraising Potential: Will you need investors or bank loans?

• Ownership & Control: Do you want full control, or are you open to shareholders?

• Compliance Requirements: Some structures require more reporting and regulations.

3. Step-by-Step Guide to Incorporating a Business in Nigeria 

Step 1: Choose a unique business name.

Step 2: Determine the best incorporation type.

Step 3: Prepare the necessary legal documents (Memorandum & Articles of Association, Partnership Agreement, etc.).

Step 4: Register with the appropriate regulatory authority.

Step 5: Obtain business permits and tax identification numbers.

Step 6: Open a business bank account and ensure compliance with local regulations.

4. Common Mistakes to Avoid When Registering a Business

• Choosing the wrong business structure can lead to legal and financial issues. Here are some mistakes to avoid:

a. Skipping Legal Consultation: Incorporation laws vary by country. Professional advice ensures compliance.

b. Not Considering Taxes: Some business types face higher tax obligations than others.

c. Ignoring Future Growth: Will your business need investors in the future? Choose a structure that allows expansion.

d. Failure to Register Trademarks: Protect your brand early to avoid legal disputes.

5. Frequently Asked Questions (FAQs) on Business Incorporation

Q: How long does incorporation take?

A: It depends on the type and location. It can take anywhere from 3 days to 4 weeks, subject to the Corporate Affairs Commission's schedule.

Q: Can a foreigner own a company in Nigeria?

A: Yes, but there may be legal restrictions or additional documentation required.

Q: Do I need a lawyer to incorporate my business?

A: While not mandatory, legal guidance ensures full compliance with regulations.

Conclusion 

Starting a business is exciting, but choosing the wrong structure can have long-term consequences. By understanding your legal, tax, and operational needs, you can make an informed decision.

Disclaimer

This content is for informational purposes only and does not constitute legal or financial advice. Always consult with a professional before making incorporation decisions.

The Court of Appeal's decision in Okafor & Ors v. Okafor & Anor (2022) LPELR-59136(CA) addresses critical aspects of family law, particularly regarding the validity of customary marriages, paternity acknowledgment, and inheritance rights. Below are the key legal principles established in the case.

1. Elements of a Valid Customary Marriage

A valid customary law marriage requires specific criteria to be fulfilled. The court highlighted two key elements:

(i) Payment of Dowry, and

(ii) Handing Over of the Bride to the bridegroom's family.

Failure to meet these requirements may render the marriage invalid under customary law.

2. Ways to Establish Paternity

The court identified three main ways in which paternity can be proven in Nigeria:

1. Paternity by Existing Marriage

A child born during a valid marriage is presumed to be legitimate. Under Section 165 of the Evidence Act, this presumption extends up to 280 days after the dissolution of the marriage, provided the mother remains unmarried.

2. Paternity by Subsequent Marriage

If a child is born outside marriage, paternity can be established when the parents contract a valid marriage after the child's birth.

3. Paternity by Acknowledgment

Paternity may be acknowledged through actions like payment of hospital bills, providing financial support, or introducing the child to the family as one's own.

Without such acknowledgment, establishing paternity becomes challenging.

3. Inheritance Rights of Children Born Out of Wedlock

The court explained that children born out of wedlock may only inherit their father's intestate estate if the father acknowledged their paternity during his lifetime.

If there is no acknowledgment, inheritance claims under intestate succession may be denied.

4. Effect of Statutory Marriage on Customary Marriages

The court emphasized that a person who contracts a valid statutory marriage cannot enter into another valid customary marriage during the subsistence of the statutory marriage.

This rule helps ensure that statutory marriages take precedence over customary law marriages.

5. Distribution of Intestate Estates for Those Married Under the Act

The court relied on Section 36 of the Marriage Act and similar provisions of the Administration and Succession Law of Anambra State, which provide that the estate of a person who contracts a statutory marriage and dies intestate will be distributed according to English law, overriding any conflicting customary law.

This provision aims to standardize inheritance processes for individuals subject to statutory marriages.

Key Considerations

(i) Customary Marriages require proper ceremonies and payment of dowry to be valid.

(ii) Paternity can be proven through marriage, subsequent marriage, or acknowledgment.

(iii) Inheritance Rights of children born out of wedlock are dependent on the father's acknowledgment of paternity.

(iv) Statutory Marriages take precedence and prevent concurrent customary marriages.

(v) Intestate Estates of those married under the Act are governed by statutory rules rather than customary laws.

Conclusion

The decision in Okafor & Ors v. Okafor & Anor highlights the importance of adhering to legal standards when dealing with family-related issues such as marriage, paternity, and inheritance. Proper understanding of these principles ensures better navigation of legal processes and outcomes.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.

In the legal profession, the Rules of Professional Conduct (RPC) aim to regulate the practice of law and ensure accountability among practitioners. However, questions often arise about the scope and applicability of certain rules. One such issue is whether legal practitioners are required to affix their stamp and seal on affidavits they depose to as witnesses. This was addressed in the Court of Appeal decision in Mainstreet Bank Registrars Ltd v. Ogundimu (2022) LPELR-57273(CA).

The Issue

The core question was whether an affidavit deposed to by a legal practitioner, acting as a witness rather than in their professional capacity, must have the practitioner’s stamp and seal affixed under Rule 10 of the Rules of Professional Conduct (RPC).

The Court’s Ruling

Justice Muhammad Ibrahim Sirajo, JCA, clarified the scope of Rule 10 of the RPC, stating:

“Rule 10 of the Rules of Professional Conduct is concerned with documents filed in Court by a lawyer in his capacity as a legal practitioner, which… does not include an affidavit deposed to by a witness who happens to be a legal practitioner by profession, but not acting as such for the party on whose behalf he is giving evidence.”

The court made the following key points:

1. Affidavits Deposed by Legal Practitioners Are Witness Evidence

 • A deponent to an affidavit, regardless of their profession, is considered a witness.

 • When a lawyer deposes to an affidavit in their personal capacity or as a witness, they are not acting in their professional capacity as a legal practitioner.

2. Purpose of Rule 10 of the RPC

 • Rule 10 primarily seeks to prevent fake lawyers from practicing law by ensuring documents filed by legal practitioners carry their stamp and seal.

• Applying this rule to affidavits deposed by lawyers acting merely as witnesses would be an overreach and could lead to absurd outcomes.

3. No Additional Burden on Litigants

• Imposing a requirement for lawyers to affix stamps on affidavits they depose to as witnesses would place an undue burden on litigants relying on their evidence.

• This would also contravene the principles of fair hearing and fundamental rights.

Key Takeaways

1. Affidavits Are Witness Evidence, Not Legal Documents: An affidavit deposed by a lawyer acting as a witness is treated as evidence, not as a legal document requiring professional authentication.

2. Purpose of Stamps and Seals: The requirement for a lawyer’s stamp and seal applies strictly to documents prepared and filed by lawyers in their professional capacity.

3. Avoiding Overregulation: The court cautioned against interpreting Rule 10 in a way that unnecessarily complicates legal processes or burdens litigants.

Implications for Legal Practice

This ruling is significant for lawyers, litigants, and courts. Legal practitioners acting as witnesses should:

• Understand that their affidavits, when given as evidence, do not require their professional stamp and seal.

• Be cautious to distinguish between acting as a legal representative and as a witness in legal proceedings.

Litigants can rely on affidavits deposed by legal practitioners without worrying about the technicalities of stamps and seals in such circumstances.

Conclusion

The decision in Mainstreet Bank Registrars Ltd v. Ogundimu reinforces the principle that legal rules should not be interpreted in a way that imposes unnecessary burdens on parties or produces absurd outcomes. Lawyers acting as witnesses are not bound by Rule 10 of the RPC to affix their stamp and seal on affidavits.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.

In appellate practice, the proper service of a notice of appeal is critical to the competence of an appeal. However, what happens when a respondent acknowledges receipt but raises objections to the manner of service? The Court of Appeal addressed this in the case of Kogi State House of Assembly & Ors v. Achuba & Ors (2024) LPELR-61938(CA). This decision clarifies the rules on serving notices of appeal and underscores the practical implications of such service.

The Issue

Is a notice of appeal invalid if not personally served on the respondent, even when the respondent admits having received it?

The Court’s Ruling

Justice Adebukunola Adeoti Ibironke Banjoko, JCA, provided a definitive ruling on this procedural issue, relying on Order 2 Rule 1 of the Court of Appeal Rules 2021:

“Every Notice of Appeal shall, subject to the provisions of Order 2 Rules 7, 8, and 9, be served personally; provided that if the Court is satisfied that the Notice of Appeal has in fact been communicated to the Respondent, no objection to the hearing of the appeal shall lie on the ground that the Notice of Appeal was not served personally.”

The court emphasized that once the notice of appeal is communicated to the respondent and acknowledged, objections to service become baseless. In this case, the respondent admitted knowing about the appeal and even presented himself at the court registry to personally collect the processes.

The court stated:

“Service can take place anywhere a party is, even on a plane or in the market. There is no law that stipulates that it must be at his residence or office for service to be held as effective.”

Key Takeaways

1. Personal Service is Preferred but Not Absolute: While personal service is the standard, communication of the notice of appeal suffices to validate the process.

2. Location of Service is Irrelevant: Service can be effective anywhere the respondent is located, as long as they receive the process.

3. Objections Must Have Substance: Raising procedural objections, such as lack of personal service, is futile if the respondent has clearly received and acknowledged the appellate processes.

4. Practical Enforcement of Rules: The court demonstrated flexibility in applying procedural rules, focusing on fairness and the actual knowledge of the respondent rather than rigid technicalities.

Implications for Legal Practice

This decision provides clarity and practical guidance for appellate lawyers. Key lessons include:

• Ensure notices of appeal are communicated to respondents promptly, even if personal service proves challenging.

• Emphasize acknowledgment of receipt by the respondent in case of disputes over service.

• Avoid frivolous objections that focus on form over substance, as courts prioritize effective communication and fairness.

Conclusion

The Court of Appeal’s decision in Kogi State House of Assembly & Ors v. Achuba & Ors highlights the balance between procedural compliance and practical fairness in appellate litigation. Lawyers should prioritize ensuring respondents are aware of processes rather than focusing on overly rigid service requirements.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.

In appellate proceedings, the question of whether a notice of appeal can be amended at any stage often arises. Two cases—Famese & Ors v. Kayode & Ors (2017) LPELR-43233(CA) and Ugochukwu & Ors v. Nwaduka & Anor (2024) LPELR-61822(CA)—provide clarity on this issue, affirming the court’s discretionary powers to allow amendments when they serve the ends of justice.

Can a Notice of Appeal Be Amended at Any Time?

Insights from Famese & Ors v. Kayode & Ors

Justice Obande Festus Ogbuanya, JCA, affirmed that:

“The fact that briefs of argument have been filed and exchanged and an appeal is virtually ready for hearing will not prevent the Court from exercising its undoubted discretion to allow an amendment… so long as the amendment would serve the ends of justice and fairness, and the other party can be compensated by cost.”

This emphasizes that:

1. Timing Is Not a Barrier: Amendments can be made even if the appeal is ready for hearing.

2. Justice and Fairness Prevail: The court prioritizes substantive justice over procedural technicalities.

3. Compensatory Costs: The opposing party may be awarded costs to mitigate any inconvenience caused by the amendment.

Insights from Ugochukwu & Ors v. Nwaduka & Anor

Justice Amina Audi Wambai, JCA, reinforced the principle under Order 7 Rule 8 of the Court of Appeal Rules, 2021:

“A Notice of Appeal may be amended by or with the leave of the Court at any time.”

This confirms that the rules explicitly permit amendments to notices of appeal at any stage, provided the court grants leave.

Key Takeaways

1. Flexibility in Amendments

      •   Both cases highlight that amendments to notices of appeal are not restricted by time and can be made even at advanced stages of the appellate process.

2. Court’s Discretion

      •   The court retains broad discretion to determine whether an amendment serves justice and fairness.

3. No Room for Technicalities

      •   Procedural objections based solely on the timing of amendments are unlikely to succeed if the substantive rights of the parties are preserved.

4. Compensation for the Opposing Party

      •   To ensure fairness, courts often award costs to the opposing party when an amendment is allowed.

Practical Implications for Legal Practice

 • Appellants: Always seek leave of the court when amending a notice of appeal. Prepare to justify how the amendment will advance justice.

 • Respondents: Be prepared to argue against amendments only if they result in significant prejudice or unfairness. Otherwise, seek compensatory costs.

 • Judges: Balance procedural compliance with the need to ensure justice and fairness in the appellate process.

Conclusion

Both Famese v. Kayode and Ugochukwu v. Nwaduka emphasize that amendments to notices of appeal are permissible at any time, provided they serve the ends of justice. This flexible approach ensures that technicalities do not override the court’s primary objective of delivering fair outcomes.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal issues, consult a qualified legal professional.

The freezing of a bank account without a court order raises significant legal and constitutional questions, particularly concerning the protection of fundamental rights. In the case of Access Bank Plc v. Agbasiere (2022) LPELR-58489(CA), the Court of Appeal addressed whether such an action can be challenged under the Fundamental Rights (Enforcement Procedure) Rules.

The Issue

The primary question was whether the respondent, whose account was frozen without a court order, could pursue a remedy under the Fundamental Rights (Enforcement Procedure) Rules or whether the proper route was through a regular writ of summons.

The Court’s Ruling

Justice Patricia Ajuma Mahmoud, JCA, affirmed that the freezing of the respondent’s account without a court order violated their fundamental rights and could be challenged under the Fundamental Rights (Enforcement Procedure) Rules. Relying on Section 44(1) of the 1999 Constitution, the court emphasized:

“No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by law.”

The court cited precedents, including:

1. Olagunju v. EFCC (2019) LPELR-48461(CA), where it was held that freezing an account without a court order is unlawful and unconstitutional, constituting a breach of the fundamental right to moveable property.

2. GTB Plc v. Adedamola & Ors (2019) 5 NWLR (Pt. 1664) 30(CA), where similar actions were successfully challenged under the Fundamental Rights (Enforcement Procedure) Rules.

In light of these decisions, the court concluded that the lower court was correct in exercising jurisdiction to hear and determine the respondent’s application.

Key Legal Principles

1. Constitutional Protection of Property: Section 44(1) of the 1999 Constitution protects individuals from the compulsory acquisition or restriction of their movable or immovable property, except as prescribed by law.

2. Court Order Requirement: Freezing a bank account without a court order violates this constitutional protection and constitutes a breach of fundamental rights.

3. Remedy Under Fundamental Rights Rules: Victims of such actions can seek redress under the Fundamental Rights (Enforcement Procedure) Rules, as the principal relief centers on the violation of constitutional rights.

Implications for Legal Practice

This decision reinforces the protection of individual property rights and provides clear guidance for legal practitioners. Key takeaways include:

   •   Always ensure proper legal authorization, such as a court order, before freezing accounts.

   •   For victims, the Fundamental Rights (Enforcement Procedure) Rules offer a direct remedy for challenging unconstitutional actions.

   •   Courts will not hesitate to strike down unauthorized restrictions on property rights and provide redress to affected individuals.

Conclusion

The ruling in Access Bank Plc v. Agbasiere highlights the importance of adhering to due process when freezing bank accounts. Such actions without court orders not only violate constitutional protections but also expose financial institutions and regulators to legal liability. For individuals whose rights have been infringed, the Fundamental Rights (Enforcement Procedure) Rules provide a robust framework for seeking justice.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.

In the case of Peterson & Ors v. Idufueko (2024) LPELR-62461(CA), the Court of Appeal reiterated a fundamental principle of Nigerian civil procedure: courts are prohibited from delving into substantive issues when deciding a preliminary objection. This principle ensures that preliminary objections are restricted to procedural issues, preserving the impartiality and fairness of judicial proceedings.

The Core Issue

The appellants in this case argued that the lower court had improperly analyzed substantive issues while determining a preliminary objection. Specifically, they claimed the issue of their non-party status in the consent judgment should not have been addressed at that stage of the proceedings.

The Court of Appeal emphasized that this was a misstep, as resolving substantive issues during the consideration of a preliminary objection goes against established legal principles.

The Court’s Ruling

Justice Ita George Mbaba, JCA, clarified the court’s position by referencing several precedents, stating:

“The law forbids a Court from delving into the substantive matter, which is yet to be tried, at the time of considering a preliminary objection. The issue of appellants not being parties to the consent judgment is not (and cannot be) an issue at this stage of the case, since the substantive matter is yet to be heard.”

The court further relied on notable cases, such as British American Tobacco Plc v. A.G. Kano State (2021) LPELR-56570(CA), to reinforce the principle that substantive issues must only be addressed during the trial proper.

Key Legal Principles

1. Preliminary Objections Focus on Procedure: Preliminary objections are intended to address procedural defects, such as jurisdiction or the competence of a case, rather than resolve substantive disputes.

2. Preservation of Fairness: Courts must avoid making observations or decisions that could prejudge the substantive issues of a case.

3. Precedent on Substantive Restraint: The court relied on landmark cases, including:

 •   NDIC v. SBN Plc (2003) 1 NWLR (Pt. 801) 371

  •   Attorney General of the Federation v. Attorney General of Abia State (2001) LPELR-24862(SC)

  •   Akinrinmisi v. Maersk Nig. Ltd & Anor (2013) 10 NWLR (Pt. 1367) 73

These cases consistently caution against judicial overreach during preliminary objections.

Implications for Legal Practice

This decision serves as a critical guide for legal practitioners and judges alike. It highlights the need to:

   •   Restrict arguments during preliminary objections to procedural issues.

 • Avoid veering into substantive matters that require full trial adjudication.

   •   Preserve the integrity and neutrality of the judicial process until the substantive matter is ripe for determination.

Conclusion

The decision in Peterson & Ors v. Idufueko reinforces the boundary between procedural objections and substantive issues in Nigerian courts. It underscores the principle that fairness and due process demand a clear distinction between preliminary objections and the trial of substantive matters.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.

Desertion is a common ground for seeking the dissolution of marriage under Nigerian matrimonial law. However, proving desertion involves meeting specific legal requirements, as highlighted in the Court of Appeal’s decision in Igbuwe v. Igbuwe (2023) LPELR-60748(CA). This case examines the critical elements of desertion under Section 15(2)(d) of the Matrimonial Causes Act (MCA).

The Issue

The appellant filed a petition seeking a decree of dissolution on the ground that the respondent had deserted the marriage for about two years, thereby causing the marriage to break down irretrievably. The trial court analyzed the evidence but found it insufficient to prove desertion, a decision upheld by the Court of Appeal.

Key Legal Principles on Desertion

Justice Abimbola Osarugue Obaseki-Adejumo, JCA, reiterated the elements required to establish desertion, relying on the decision in Nwakwo v. Nwakwo (2014) LPELR-24396(CA). The court explained that for desertion to be established, the following elements must be present:

1. Elements on the Part of the Deserting Spouse

   •   Factum (Physical Separation): There must be clear evidence of the deserting spouse physically separating from the marital home.

   •   Animus Deserendi (Intention to End Cohabitation): The deserting spouse must have the intention to permanently end cohabitation.

2. Elements on the Part of the Deserted Spouse

   •   Absence of Consent: The deserted spouse must not have consented to the separation.

   •   Absence of Conduct Leading to Desertion: The deserted spouse’s behavior must not have reasonably caused the deserting spouse to decide to end cohabitation.

These elements must be proven cumulatively to succeed in a petition based on desertion.

Court’s Ruling

The court found that the evidence presented by the appellant did not satisfactorily establish the required elements, particularly the animus deserendi of the respondent and the absence of conduct reasonably causing the desertion. The court emphasized the need for concrete evidence to support such claims under Section 15(2)(d) of the MCA.

Implications for Legal Practice

This case serves as a valuable guide for legal practitioners handling matrimonial causes. Key takeaways include:

1. Comprehensive Evidence: Both physical separation and intention to desert must be demonstrated with credible evidence.

2. Focus on Conduct: The petitioner must establish that their behavior did not contribute to the desertion.

3. Statutory Requirements: Adherence to Section 15(2)(d) of the Matrimonial Causes Act is essential in proving desertion.

Conclusion

The decision in Igbuwe v. Igbuwe underscores the stringent evidentiary requirements for proving desertion as a ground for dissolution of marriage. Petitioners must not only establish the physical separation but also prove the intention to permanently end cohabitation, while also demonstrating their own lack of fault in the separation.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.

The legal landscape surrounding the use of counterclaims in Nigerian civil procedure has been further clarified in the case of Ituen v. Speaker, Akwa Ibom State House of Assembly & Ors (2021) LPELR-53318(CA). This decision focuses on whether a respondent can embed a counterclaim within a counter-affidavit filed in response to an affidavit in support of an originating summons.

The Issue

The appellant in this case contended that the counterclaim of the 1st respondent, embedded within the counter-affidavit, amounted to an abuse of court process. This raised the question: Can a counterclaim in an originating summons procedure be incorporated into a counter-affidavit?

The Court’s Ruling

Justice Mojeed Adekunle Owoade, JCA, addressed this issue comprehensively, holding that:

“The counter-affidavit in the originating summons procedure is synonymous with the statement of defence in pleadings under the writ of summons procedure. It follows logically that in the originating summons procedure, the counterclaim has to be contained in the counter-affidavit as a counterclaim is contained in the statement of defence in the writ of summons procedure.” (Pp 15–20 Paras A–C)

The court emphasized that affidavits in originating summons cases are considered equivalent to pleadings:

•   The claimant’s affidavit is treated as the statement of claim.

 • The defendant’s counter-affidavit is treated as the statement of defence.

Thus, a counterclaim within a counter-affidavit is procedurally proper as long as the counterclaimant sufficiently indicates their intention to rely on the same pleadings in support of their counterclaim.

Key Principles Established

1. Equivalence of Affidavits and Pleadings: In originating summons cases, affidavits serve the same purpose as pleadings in writ of summons cases.

2. Validity of Embedded Counterclaims: A counterclaim may be included within a counter-affidavit in originating summons procedures without constituting an abuse of court process.

3. Requirement of Sufficient Indication: The counterclaimant must clearly indicate their intention to rely on the pleadings in support of the counterclaim.

4. Court’s Jurisdiction on Counterclaims: Even if the main claim fails, the court is not precluded from considering the counterclaim embedded in the counter-affidavit.

Implications for Legal Practice

This ruling underscores the procedural flexibility afforded to respondents in originating summons cases. Legal practitioners should take note of the following:

   •   Embedding a counterclaim within a counter-affidavit is procedurally sound and permissible.

   •   Clear articulation of the counterclaim and reliance on the same pleadings are crucial to satisfying procedural requirements.

   •   The court retains the authority to consider counterclaims even if the primary claim is dismissed.

Conclusion

The Court of Appeal’s decision in Ituen v. Speaker, Akwa Ibom State House of Assembly & Ors affirms that counterclaims can be incorporated into counter-affidavits in originating summons proceedings. This interpretation provides clarity and procedural certainty for parties involved in such cases.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.