Law

Research Papers/Topics in Law

Partnership

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...

Public Participation: An Imperative To The Sustainable Development Of The Nigerian Oil Industry

Environmental rights are one of the emerging rights in the arena of international human rights law and international environmental law. Though the jurisprudence of the rights is still in its formative stages, there is no doubt that the right is well recognized in the sphere of international law and has (and still is) influencing local legislation towards environmental sustenance.1.0       Introduction Environmental rights are one of the emerging ...

Expert Opinion In Evidence

OPINION EVIDENCE An expert has been defined as ‘a person with the status of an authority (in a subject) by reason of special skill, training or knowledge; a specialist’.Similarly, an expert witness has been described as ‘one who has made the subject upon which he speaks a matter of particular study, practice or observation: and he must have a particular and special knowledge of the subject’

Explanation On Hearsay Evidence

HEARSAY EVIDENCE Hearsay Evidence “It’s all about the he said she said bullshit” – Limp Bizkit “Believe only half of what you see, little of what you read, and nothing of what you hear” – old saying.   Hearsay often seems to be a very slippery creature, hard to grasp and hold long enough to look clearly at, analyse and or understand. Hearsay may often seem to be perfectly obvious, crystal clear, in some cir...

Evidence Of Character

EVIDENCE OF CHARACTER   1.0 EVIDENCE OF CHARACTER: Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. The logical function of character evidence may be shown by the following illustration. If a man is accused of stealing, h...

The Principle Of Inheritance Under The Customary And Islamic Law

ABSTRACTThe inevitability of death makes the law of inheritance so significant in the life of man. Thus, every society or nation has the rules and regulations guiding the sharing of estates left behind by the deceased. These rules and regulations, as a matter of long usage, become a binding law in a society and such law is referred to as customary law. However, the imperfection in man's thinking makes the customary law to be imperfect and inappropriate in sharing the estates left behind ...

Banking law in Nigeria

History of BankingThe history of Nigerian Banking would be discussed along these lines:1. The history of expatriate Banks2. The history of Indigenous banks3. The history of Hybrid banks4. The Current BanksThe History of Expatriate BanksThe first attempt at establishing a bank in Nigeria was the establishment of a branch of the African Banking Corporation in Lagos 1891. The bank minted the coins for the colonial government and served as their banker. During this period, banking activities were...

CREATION OF LEGAL MORTGAGES UNDER THE NIGERIAN LAW

CREATION OF LEGAL MORTGAGES UNDER THE NIGERIAN LAWA mortgage can be defined as a legal document by which the owner (i.e., the buyer) transfers to the lender an interest in real estate to secure the repayment of a debt, evidenced by a mortgage note. When the debt is repaid, the mortgage is discharged, and a satisfaction of mortgage is recorded with the register or recorder of deeds in the county where the mortgage was recorded. Because most people cannot afford to buy real estate with cash, ne...

An Appraisal Of The Liabilities Of A Company For The Acts Of Its Directors

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 vi...

Critical Appraisal on Opinion Evidence

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 fa...

Sources of nigerian law

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.

Transfer of Family Land in Nigeria; An Exploration of Powers of Family Members

ABSTRACTFamily 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...

A Comparative Analysis of The Intestate Rules of Succession And The Testate Rules of Succession in Nigeria

ABSTRACTDeath 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 a...

Provocation As A Defence To The Crime Of Murder Under Common And Islamic Law

ABSTRACTMajor 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 in...

Analytical Approach On Double Taxation In The Nigerian Tax Administration

ABSTRACTTaxation 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 Nigeria...


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