*LEGAL RIGHTS OF A HEART BROKEN LOVER WITH A PROMISE TO MARRY. * DAILY LAW TIPS (Tip 294) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Like any other agreement, a promise to marry someone is a serious agreement that when breached can cause legal action.
Where there is a promise to marry under the statutory law or customary law or Islamic law such promise is a binding agreement between the two parties(man and woman) involved. Hence, refusal to marry where there is a promise to marry is a breach of agreement and the refused lover can go to court and seek for damages. The damages may include money spent on love, wasted years, psychological trauma, emotional trauma and loss of other suitors.
A promise to marry must not be in writing, it may be oral too.

My authorities are Martins V. Adenugba (1946) 18 NLR 63 and the case of Miss Chinye Ezeanah V. Alhaji Mahmoud Atta (2004)7 NWLR (PT. 873) 468 or (2004)LPELR-1198(SC).

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 281)
DEADLINE FOR ELECTION PETITIONS TO BE FILED IN COURT.

There is time for everything under the earth. A loser in an election has right to go to court and challenge the outcome of an election. Such must be done within 21 DAYS after the date his election result was declared.

My authorities are sections 134 and 158 of the Electoral Act, 2010.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 278)
WHEN CAN A MISSING PERSON BE PRESUMED DEAD IN NIGERIA.

Ordinarily, the only time any person can be declared dead is when the person’s body is found and a physician declares such lifeless. But, where a missing person has not been heard from for seven (7) years or more by those that naturally should have heard from such person if such person was alive, then such a person would be presumed dead. Although such person is presumed dead, there is no presumption as to the time when such a person died.
Note that where there are circumstances to account/prove for the long time that such a person has not been heard from, such a person cannot be presumed dead.

My authorities are sections 164 (1) and 259 of the Evidence Act, 2011.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 262)
WHEN LAWYERS CAN PERSONALLY STAND BAIL FOR CLIENTS.

There is popular saying in Nigeria, that a lawyer cannot be surety and take a client on bail. Well, this is NOT true! There is no law that stops a lawyer from being a surety and taking a client (who is a suspect) on bail in any where in Nigeria. The Rules of Professional Conduct for Lawyers expressly prohibits lawyers from being sureties and taking their clients (who are accused persons) on bail in any court in Nigeria. The Rules purposely mentioned only courts and excluded detention centers including Police stations, Economic and Financial Crimes Commissions(EFCC), Independent Corrupt Practices Commission (ICPC), Department of State Services (DSS) and all other security agencies. Consequently, it is not a professional misconduct for a lawyer to be a surety and take his client who is a suspect on bail in any place but cannot do so for his clients who are accused persons in any court.

My authorities are Rules 37(1) and 57 of the Rules of Professional Conduct for Legal Practitioners, 2007.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 208)
“Which Court Can Try Cases Of Bounced/Dud Cheque In Nigeria ?”.

It is only a High Court of any of the 36 States in Nigeria and the High Court of The Federal Capital Territory that can entertain and try cases of dud/bounced cheque brought pursuant to Dishonoured Cheques (Offences) Act. Hence, no Customary Court, Area Court, Magistrate Court or Federal High Court has jurisdiction to handles such cases.
However, if an offence of issuance of Bounced/Dud cheque must be brought under any other court apart from a High Court, then such case must be charged under a different legislation other than the Dishonoured Cheque(Offences) Act.

My authorities are sections 1 and 2 of the Dishonoured Cheques (Offences) Act, 1977.

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Upon hearing the application of Onyekachi Umah, Esq. LLM., ACIArb(UK) on behalf of the judgment creditor in the case of MRS. FINE ALUKO V. DIAMOND BANK PLC (Suit No: FCT/HC/CV/1419/2009), the court sitting in Apo ordered contempt proceedings against the directors of the judgment debtor (Diamond Bank PlC).

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 151)
“Dud/Bounced Cheque Offences Cannot Be Tried In Magistrates Courts In Nigeria.”

It is a criminal offence for one’s Cheque to be dishonoured(refused) by his bank. It is an offence punishable with 2 years imprisonment. Only High Courts of States can try and entertain cases of bounced Cheques, fake Cheques and dishonoured Cheques. Hence, such cases cannot be entertained by any Magistrate Court in Nigeria for lack of jurisdiction.

My authorities are sections 1 and 2 of the Dishonoured Cheques (Offences) Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 144)
“Who Can Inherit Property Of A Dead Person In Nigeria.”

“WILL” is not an invitation to death rather a strict instruction on how one’s property should be shared when he is dead. Where there is no “WILL”, the following persons can inherit the property of their dead ones in this particular order of priority:
1. Wife/Husband of the deceased

2. Where there is no Wife/Husband, then the children of the deceased.

3. Where the children died during the lifetime of deceased leaving grandchildren, then the said grand children of the deceased.

4.Where there is no child, then the Mother/Father of the deceased.

5. Where there is no Mother/Father, then the Brothers and Sisters of the deceased.

6. Where the brothers and sisters of the deceased died during the lifetime of the deceased, then the children of the late brothers and sisters of the deceased.

7. Where there are no children of brothers or sisters, then the step-brothers and step-sisters of the deceased.

8. Where the step-brothers and step-sisters, of the deceased died during the lifetime of the deceased, then the children of the step-brothers and step-sisters of the deceased.

9.Where there are no children of step-brothers and step-sisters, then the Grand-Father and Grand-Mother of the deceased.

10.Where there are no grand-fathers and grand-mothers, then the direct Uncles and Aunts of the deceased.

11. Where there are no Uncles and Aunts, then the creditors of the deceased.

12. Where there are no Creditors, then the Administrator-General of the State.

My authorities are section 49(1) of Administration of Estates Law, Lagos State and similar laws in other states of the Federation and the case of Williams V. Ogundipe (2006) ALL FWLR (part 327)p.540.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 92)
“Courts That Can Hear Cases of Fundamental Human Rights In Nigeria”.

Magistrate Courts, Customary Courts, Area Courts, Sharia Courts, Court Martial, Court of Appeal and Supreme Court cannot hear and determine any new case of fundamental human rights in Nigeria. Although, Court of Appeal and Supreme Court can hear appeals on such matters. It is only the State High Courts, Federal High Court and National Industrial Court that can hear and determine cases of fundamental human rights as courts of first instance.

See sections 46 & 245(C) of the Constitution of Federal Republic of Nigeria, 1999.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 65)

It is a Land Use and Allocation Committee and not any court, that has jurisdiction to entertain any dispute as to amount of compensation calculated.

See section 30 of Land Use Act.

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