Equity and Trust – Trust in Favour of Creditors
This is a unique feature which the law of trust can be put into. Its objective is to secure the interest of the party in whose favour the trust is being declared and in the case of creditors, to secure their money. Forms of trust in favour of creditors There are various patterns which these […]
Equity and Trust – The Cypress Doctrine
This principle entails that when a private trust is ineffective or fails, the property resorts to the settlor or the residing estate in case he is deceased. In a situation involving charitable trust ab, the Settlor has the charitable intention, the trust property will be applied cypress to other charitable purposes nearly related to the […]
Land Law – Control and Management of Communal Land
Customarily, the land is vested in the community as a corporate entity and no individual or member of that community can claim ownership unless such a right is granted to the communal head or chief. RIGHTS AND DUTIES OF COMMUNITY MEMBERS Every community member has important rights under customary law which are enforceable and must […]
Evidence – Hearsay
This refers to a statement which may be oral or written and made by a person who has not a witness. It should be noted that such evidence can also be contained in a book, document or record. ADMISSIBILITY OF HEARSAY EVIDENCE As a general rule, hearsay evidence is not admissible. There are however situations […]
Evidence – Privilege
This has to do with cases where a witness has a right or duty to refuse to disclose a relevant face by answering a question or to produce a relevant face by answering a question or to produce a relevant document. TYPES OF PRIVILEGE In considering privilege, the types include but are not limited to […]
Law and Medicine – Fertility and Reproduction
On a general basis, the ability to give birth is highly treasured as it is believed that the more children you have, the higher the prestige. Though this may not still be the case, there is still a lot of stigma against those who cannot give birth to children. This inability to give birth is […]
Land Law – Acquisition of Title to Land
The mode through which land is acquired is of the utmost importance as in an action for declaration of title to land, the claimant must be able to trace his title to the original owner. MODES OF ACQUIRING TITLE Note that title to land can be acquired in the following ways: a) By Settlement: This […]
Family Law – Custody Matters in Nigeria
The issue of custody in Nigeria is one which is to be treated efficiently. The paramount interest of the court is in the benefits of the child and not the punishment of a spouse for misconduct. In Alabi v Alabi, Agube JCA held that the following are key to determining who should have custody: [su_list […]
Company law – Basics of Corporation
A corporation is a succession or collection of persons having at law an existence, rights and duties, separate and distinct from those of the persons who are from time to time its members. DISTINGUISHING FEATURES [su_list icon=”icon: chevron-right” icon_color=”#003399″] It is a person at law: This means it is an artificial legal entity and not […]
Equity and Trust – Charitable Trust
In the case of Commissioner for Special Purposes of Income Tax v. Pensel, Lord MacNaughten divided this trust into four major headings; [su_list icon=”icon: chevron-right” icon_color=”#003399″] Trust for relief of property Trust for the advancement of education Trust for advancement of religion Trust for other purposes beneficial to the community [/su_list] ELABORATION ON DIVISIONS OF […]