Law Corner with Amaka Ezeno, MCLArb, 08037413906

Affray and Defences to Affray?

By Amaka Ezeno, MCLArb, Affray is a violent offence very similar to assault.  The courts consider affray to be a more serious offence though.   Where assault may be committed towards an individual, affray involves other people fearing for their safety as a result of the act of violence.   To be charged with the offence of affray, the accused would have ...

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EFFECT OF DEFENCES OF SELF-DEFENCE, PROVOCATION AND ACCIDENT IN A CASE OF MURDER ON DEFENCE OF SELF-DEFENCE

By Amaka Ezeno, MCLArb, In a trial of murder it is the duty of the court to consider all the defences including self-defence, accident and provocation raised by the evidence whether the person charged specifically put up such defences or not as was held in the Supreme Court case of Uwaekweghinya V. State (2005) 4 ACLR 1 at 17. Self-defence, ...

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WHETHER THE CONSTITUTION OF A VOLUNTARY ASSOCIATION BINDS THE MEMBERS OF THE ASSOCIATION

By Amaka Ezeno, MCLArb,  When a group of people voluntarily come together and form an association or union and agree to be governed by a set of rules and regulations, every individual who voluntarily elects to join the association is bound by the rules, regulations and the Constitution of the association as a voluntary association is created by an agreement ...

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EFFECT OF A POWER OF ATTORNEY

By Amaka Ezeno, MCLArb A Power of Attorney is a document, and may be under seal, which authorises a person to act for another person as his agent. The person who donates the power is called the ‘donor’ while the person donated is called the ‘donee’. The power conferred on the donee may be either general or special. Black’s Law ...

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WHETHER A MEMBER OF A FAMILY CAN SELL OR DISPOSE FAMILY LAND AS HIS OWN PROPERTY OR WITHOUT THE CONSENT OF THE HEAD AND THE OTHER PRINCIPAL MEMBERS OF THE FAMILY?

By Amaka Ezeno, MCLArb It is a matter for judicial notice that land and property are owned by an individual or family and that the concept of family property is ingrained in our indigenous society and the bedrock of inheritance particularly as it related to land ownership. From judicial authorities, family land is usually traced to an individual founder or ...

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LIABILITY FOR THE CANCELLATION OF FLIGHT TICKET

Generally, parties are bound by the contract which they have entered into and are required to fulfil their obligations to avoid liability that may arise from the non-performance or the breach of such contract. Usually, there exists a carriage contract between airlines and passengers and the status of passengers are usually defined by the existence of such agreement. When a ...

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PAYMENT OF IMPORT DUTY ON GOODS/PERSONAL EFFECTS CONTAINED IN A PASSENGER’S BAGGAGE IS UNLAWFUL

By Amaka Ezeno, MCIArb. On Wednesday, 13th May, 2020 the Federal High Court, Abuja Judicial Division [Coram: J.T.Tsoho, CJ] delivered its judgment in Kehinde Ogunwumiju, SAN v. Nigerian Customs Service Board & Anor: Suit No: FHC/ABJ/CS/1113/2019. The Plaintiff (Kehinde Ogunwumiju, SAN) via his counsel Tunde Ahmed Adejumo, Esq had approached the Court via an Originating Summons primarily seeking a declaration ...

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DEFAMATION – MEANING AND NATUREOF THE CONCEPT OF DEFAMATION/DEFAMATORY STATEMENT

By Amaka Ezeno, MCIArb. In Winfield and Jolowicz On Tort, 1975, 10th Edition, Page 240, the authors define “Defamation” as “…the publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally; or which tends to make them shun or avoid that person.” At Page 242 of the same work appears the ...

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ASSAULT: A CIVIL WRONG AND A CRIMINAL OFFENCE

By Amaka Ezeno, MCIArb. The fundamental principle, plain and incontestable, is that every person’s body is inviolate. Interference, however, slight with a person’s elementary civil right to security of the person, and self determination in relation to his own body constitutes trespass to the person. Trespass to the person may take three forms, assault, battery and false imprisonment. An assault ...

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MISREPRESENTATION: WHEN MISREPRESENTATION WILL GIVE RISE TO A CAUSE OF ACTION

By Amaka Ezeno, MCIArb. It is a very trite position of the law that an agreement entered into, between parties are binding where the agreement is made voluntarily without any compulsion, misrepresentation and fraud. The reverse is also correct; an agreement entered between parties will not be binding and enforceable when the agreement is made under duress, fraud and misrepresentation. ...

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