Online Legal Clinic

THE 2 LEGAL WAY OF DOING BUSINESS Last Week, we suspended the Mini-Law-Series to enable us sensitize the populace on the directive of the Corporate Affairs Commission (CAC). The said directive is to the effect that Business Names and Companies who have defaulted in the payment of their Annual Returns will have their names struck OUT of the CAC’s ‘Portal’ Treading the path set by the Corporate Affairs Commission, the Mini-Law-Series brings you the feature  tagged: THE LEGAL WAY OF DOING BUSINESS Let’s get to it! Generally speaking, business (with the sole aim of making profit) can be carried out under 2 heads, the first is as an Enterprise while the second is as a Company. The nature of the business amongst other significant issues will determine the appropriate direction to follow; be it the Enterprise or the Company. We are not unaware of the murmurings from different quarters that the call for registration of Business Name or Incorporation of Company is an attempt to generate m

        “Every citizen of Nigeria shall have the right to acquire and own immovable property anywhere                                                                  in Nigeria”                 Section 43 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) Hello, Please recall that in our last feature, we explained that a person who dies without a valid Will is said to have died Intestate, we also stated that where a person dies intestate, the mode and manner of sharing his Estate is dependent on the kind of marriage contracted and the personal law applicable to such a person. We moved a step further from the Statutory Marriage, and stated authoritatively that where the marriage was celebrated under Native Law and Custom marked significantly with the payment of dowry, the mode of distribution is dependent on the personal law applicable to such a deceased in his lifetime. 3 (three) Personal Laws were identified, the Yoruba, Igbo and Benin, whi

Hey People! We have decided to suspend the Mini-Law-Series! Not to worry we are still here!! In view of the directive of the Corporate Affairs Commission as regards Registered Business Names and Incorporated Companies, we are starting a new series which will run for the next couple of weeks!!! What is our aim with this new series? To offer premium legal services to Start Ups, Companies and the Business Community as a whole. So if you fall into any of the identified categories, stay with us! Annual-Returns-Series (Pt.1) ·       *   If you have registered your business name or incorporated your Company, the law requires you to file Annual Returns alongside some other legal documents prepared by a lawyer yearly. Of course, this is subject to certain exceptions provided by the law. ·        *   As long as the business name has been registered and/or the Company incorporated, you MUST file ANNUAL RETURNS. ·        *   Where ANNUAL RETURNS is not filed duly

  Inheritance Tussle: Is Marriage, not the big role player? (Pt.1)                                     “A good man leaves inheritance to his children’s children”                                                                 Proverbs 13:22(a) Hello Nigeria, few weeks ago on this platform, we had a discourse on Will, it was an extensive discussion and conversations are still on going. Please visit the blog to join in the conversation and don’t forget to leave your comment(s) on the blog.    In our previous discussion on Wills, I bet, we did not tell you that a person, who dies having made a valid will, is said to have died testate. The implication of testacy is that the Estate i.e properties will be shared and/or distributed in the manner stated in the Will. You know this, already! Let’s remember that a lawyer has the requisite training to prepare a Will, more importantly the required confidentiality involved in the process of making a Will is one of the hall mar

SECRET PRINCIPLES YOU DON’T KNOW ABOUT CONTRACT Capacity and Consideration as the 2 C’s of Contract: It’s the Mini-Law-Series and we are rounding off our feature on Secret Principles You Don’t Know About Contract. Please click on the link below, for previous discourse on this feature. https://onlinelegalclinic.blogspot.com/2019/10/this-thing-called-contract.html After the Offer has been made with the corresponding Acceptance, and it is apparent that parties have the intention to create legal relations, it is vital, that the parties’ capacity and/or ability to enter into a contract that is binding and enforceable in law is considered. 👉This takes us to Capacity: Capacity as The 4th Element of A Valid Contract: Capacity is the ability a person and/or corporate entity has, to enter into a valid contract. Generally, a person above the age of 18 years can validly contract with the exception of certain class of persons. The law, however accommodates instances where an infant

Hello Friends!🙌 Have you ever bought a property from a family? Okay! Let’s make it simpler, do you have a Land Sales Agreement, Deed of Assignment, Memorandum of Sale etc., executed by a member of a family? Or by a member, for and on behalf of the family? Here is another one, have you ever been issued a family receipt for the purchase of a property? If you fall within any of the identified categories, today’s feature is for you. You are welcome to the Online Law Clinic, and you already know it’s Wednesday and it’s the Family-Law-Series day. Our feature today is tagged: Family Property: Who should sell it?🤔🤔 It is not unusual for a family👨‍👨‍👦‍👦👨‍👨‍👧👩‍👩‍👧‍👦💏 to decide be it at a meeting had with members present or vide any other convenient means devised by technology to sell a property owned jointly by the family. We have also seen situations where a person (sometimes, the most knowledgeable in the family) will be designated as the person to execute all inst

Is ‘Joromi’ any one’s creation? 🤔 In the past couple of weeks, we have had some trending issues on social media, one of which is the use of Joromi by the singer, Simi. Quick reminder, Uwaifo equally released a song titled Joromi in the not so distant past. As a legal practitioner, the Rules of my profession precludes me from commenting on an issue that is pending before the Court. Bearing this in mind, ample examples will be used to drive home the point. And what is the point? To enlighten you on the need to legally protect your ideas, innovations, artistic and or literary works amongst others.👌 As usual, for the ease of understanding, this discourse is devoid of legal terminologies (as much as possible). A separate detailed feature will be done on the blog with ample reference to law, the Applicable Statute, Case Law, the Stance of the Court in recent times etc. Stay with us🙏🙏 Firstly, we have heard the words, Copyright, Patent and Trademark thrown around all discussion

Good Morning Nigeria, Last week on the family-law-series, we discussed the feature tagged: Make a Will: Not a death wish! It was an engaging session as our inbox was loaded with questions, which we tried to answer within the confines of law. This week, we have decided to share some of those questions with you while modifying them for illustration sake.👏 Problem 1: Mr. Social Media married Miss. Instagram at the Ikoyi Marriage Registry on the 27th day of January, 1986. The marriage was dissolved by the High Court of Lagos State sitting at Ikeja Judicial Division on the 2nd day of April, 2012. Custody of the 3 children of the marriage was given to Miss. Instagram.  Prior to the dissolution of the marriage, Mr. Social Media had made a Will on the 21st day of August, 2002, wherein his 5 properties were devised and/or given to Miss. Instagram and her 3 children. In 2013, Mr. Social Media married Miss. Twitter at the Ikeja Marriage Registry and they had 2 children. Mr. Social Media

It’s the Mini-Law-Series and we will continue with our discourse on the feature tagged: “Secret principles you don't know about contract” 📚 🎲 📚 As usual, this discourse is limited to basic knowledge of law and in view of the nature of this platform, legal terminologies will be used sparingly. 👏 Please recall, that we have discussed the meaning of contract, its element and basic must know principles, please click on the link below if you missed it. https://m.facebook.com/story.php?story_fbid=547989395974372&id=100022899504084 Friends, what happens when a call is made vide Newspaper publications, jingles on media etc.,for interested persons (contractors) to submit their bids (proposals) etc., in furtherance of a specific project? 🤔 💁 🤔 Here is another one, what happens where a person in honour of the invite submits the bid or proposal as the case may be? 💁 🤔 💁 I bet you don’t know the answers to the posers raised above? 😀  Generally, such a call to