A partnership is the relationship which exists between persons carrying on a business in common with a view to profit. It involves an agreement between two or more parties to enter into a legally binding relationship and is essentially contractual in nature. According to Tindal CJ in Green v Beesley (1835) 2 Bing N C 108 at 112, ‘I have always understood the definition of partnership to be a mutual participation ...’, yet the participants do not create a legal entity when they create ...
A brief overview of the significance in the distinction between rights in rem and rights in personam
This paper analysis the suitability of federal character in Nigeria, it does this by analysing the various concepts which gave rise to the presumably benign principle, one of this concept is Federalism. Also, the paper seeks to articulate the reasoning behind the principle and see how the principle has fallen short of expectation. The paper achieves this goal by bringing a brief but accurate understanding of Federalism, Federal Character, the Nigeria’s demographical size and justiciable rig...
This work critically examines the rule of law and good governance as a tool in overcoming terrorism in Nigeria if well practice. It further examines the basic concepts of rule of law and good governance as presently practice in Nigeria and suggests ways in which they can be improve upon so as to be used as effective tools in overcoming terrorism in Nigeria. It also makes references to the criticisms of the rule of law and also some basic ingredients of good governance. It also states the caus...
This research examines the legal framework for human trafficking in Nigeria. The phenomenon of human trafficking, particularly in Nigeria has assumed alarming proportion. Nigeria’s poverty coupled with high rate of unemployment, massive devaluation of the local currency and civil and political unrest, are some of the factors responsible for a high rate of migration, and this paves way for human trafficking. The research examines the issue of human trafficking in Nigeria. The causes and effe...
ABSTRACT This research critically examines the relevance of International Humanitarian Law [IHL] to the development of multinational forces in the North East of Nigeria. International Humanitarian law is a law of armed conflict. The promulgation of various laws and the enforcement agencies in limiting the extent of feasible human suffering in times of armed conflicts has created some challenges and raised various questions. This research identifies the extent to which IHL can...
ABSTRACT The term marriage can be defined as the coming together of a man and a woman as husband and wife. In Nigeria, marriages are contracted in various ways which include statutory marriage, customary marriage and Islamic marriage. At the time of marriage, it is likely that neither of the parties envisages the possibility of dissolution of the marriage. However, in recent times, the high rate at which dissolution of marriages takes place all over the world, especially in the devel...
ABSTRACT Nuclear weapon is undoubtedly a weapon of mass destruction. Thus, the ways and manners by which various states and countries that are in possession of this weapons have been using them has been and is still a subject of debate among scholars. Under the International Law, there are various statutory instruments regulating the ways and manners wherein these weapons may be used. However, the level of adherence has been subjected to questions over the years. In view of the above submiss...
ABSTRACT Taxation in Nigeria is one of the major source of revenue for it an be said that it generates between 75% to 80% of Nigerian revenue. Taxation in Nigeria is however bedeviled with a lot of problem one of which is double taxation. It is the practice in Nigeria for income tax to be imposed both on worldwide income derived by residents of Nigeria and on income derived by non-residents generated within the country. The effect of such a system is that income derived by a resident of Nige...
ABSTRACT Major legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law respectively. Thus, it is conceivable that different legal system will proffer different ways of dealing with the same legal concept. The offence of murder is no exception i...
ABSTRACT Death is an inevitable end of everyone. All societies even the crudest, have a form in which individual’s property will be dealt with after they die. Wills are generally unknown and partially alien to indigenous Nigerian culture. In some instances however, some terms of testamentary disposition of property are made to safeguard and avoid the various problems that may likely arise after the death of a family head. Succession, a concept of family set up is centered on a person dying ...
ABSTRACT Family land is land that belongs to a family as a whole under customary law. From time immemorial through the period of agriculture to the period of industrial development, land has remained the most valuable property in the life of man and his development. It is a source of wealth to those who have it and the mother of all properties. In other words, virtually all the basic needs of human existence are land dependent . The emphasis of the concept of customary family land holding ...
Sources of Nigerian law denote where Nigerian law came from. The major question is that where did we get the present laws that we now call our own? Did they fall from heaven? Where did we get them from? We generally have six sources of Nigerian law they have been adequately discussed in this research work.
ABSTRACT Generally, where a court is faced with the problem of determining a suit before it, such can only be solved after making an enquiry into the relevant facts of the evidence put before it by the parties, drawing inferences from those facts, and listening to arguments of parties to the case or of their counsel. Evidence is there from called as a means by which those facts can be proved. Evidence of what the witness thinks, believes or infers in regard to facts in dispute, ...
ABSTRACT A company can be described as a legal entity or a body corporate, having perpetual succession and also a common seal, as well as the ability to sue and be sued in its own corporate name. Suffice to state, also that the company upon its incorporation can acquire property in its corporation name. This corporate personality, gives the company the status of a person; albeit artificial, having all the qualities of a normal human being. It should be noted, that a company is by virtue o...