Category: Civil Litigation
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UNDERSTANDING THE CONCEPT OF DURESS IN CONTRACTS: AN ANALYSIS OF THE SUPREME COURT’S DECISION IN SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD & 6 ORS V E.N. NWAWKA (2003) 6 NWLR (Pt. 815) 184
INTRODUCTION The definition of the word “duress” was brilliantly defined by Ekpe JCA in Calabar Central Co-operative Thrift & Credit Society & 2 Ors v Bassey Ebong Ekpo (2001) 17 NWLR (Pt. 743) 649 at 675 as follows: “The word duress is defined as any unlawful threat or coercion used by a person to induce…
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Can a Statutory Employment be Terminated for a Reason Not Stated in the Termination Letter? A Review of the Decision in Mr Obidah Ibrahim Dakat v. FRSC & 2 Ors (Unreported, Suit No. NICN/JOS/38/2023, judgment delivered by the National Industrial Court on 20 August 2025)
INTRODUCTION The special and unique nature of employment law often appears to be a challenge to both employers and employees, and it is more pronounced in cases of public service, as it is governed under a distinct pattern and expectation. The recent judgment in Obidah Ibrahim Dakat v. The Federal Road Safety Commission & Ors…
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UNDERSTANDING THE FORFEITURE OF PROPERTIES TO THE FEDERAL GOVERNMENT: A REVIEW OF THE COURT OF APPEAL’S DECISION IN ALISON-MADUEKE -V- E.F.C.C (2024) 1 NWLR (PT. 1918) 101
Introduction In recent years, public notices by the Economic and Financial Crimes Commission (EFCC) announcing the forfeiture of properties to the Federal Government have become increasingly common. It is also not unusual to see an inscription in red ink on the fence of a property announcing that the EFCC has taken over the property by…
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Essential Tips for Prosecuting a Divorce or Child Custody Lawsuit Against a Sociopath or Narcissist in Nigeria
Introduction Divorce and child custody lawsuits can be incredibly challenging, especially when dealing with a sociopathic or narcissistic partner. In my sixteen years of experience in handling high-conflict lawsuits, I have seen firsthand the damaging effects of narcissistic behaviour on partners and children. While I plan to use the terms “sociopath” and “narcissist” interchangeably, it…
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ESSENTIAL STEPS TO TAKE IF YOUR SPOUSE LEAVES WITH YOUR CHILDREN
There are several signals that the crash of a marriage is imminent, and one of them is when a spouse suddenly leaves the matrimonial home with the children of the union without any intention of returning. Here are some steps you can take if your spouse leaves your matrimonial home with the children of the…
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FIVE COMMON MISTAKES PARTIES MAKE DURING CHILD CUSTODY DISPUTES
As a law firm that regularly handles high-conflict family and commercial disputes, we frequently encounter heart-wrenching stories of individuals involved in custody battles. Child custody lawsuits can be incredibly challenging, and it becomes even more complex when young children are involved, and both parties want custody. Amidst their desire to maintain close relationships with their…
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NEGOTIATION AS AN EFFECTIVE DISPUTE RESOLUTION TOOL
Introduction: Some contracts insert a two-layer dispute resolution clause which demands that parties must first attempt to resolve their dispute by negotiation before resorting to litigation. They usually provide a time frame within which any such dispute must be resolved by negotiation, and after the lapse of the time, a party is at liberty to…
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KEY INSTANCES WHERE THE SALE OF REAL ESTATE BY THE ADMINISTRATORS OF AN ESTATE WILL BE DECLARED INVALID BY THE COURT: A REVIEW OF THE SUPREME COURT’S DECISION IN EYIBOH -V- MUJADDADI (2022) 7 NWLR (PT. 1830) 381
This article provides tips on the best practices for handling a property purchase transaction from the administrators or executors of an estate of a deceased. It also provides a detailed analysis of the Supreme Court’s decision in the case of Eyiboh v. Mujaddadi (2022) 7 NWLR (Pt. 1830) 381. The Supreme Court declared that the…
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CAN A RESIDENTS’ ASSOCIATION OF AN ESTATE IMPOSE AUTOMATIC MEMBERSHIP ON THE RESIDENTS? A REVIEW OF THE DECISION IN MEGAWATTS NIG. LTD v. REGISTERED TRUSTEES OF GBAGADA PHASE 2 RESIDENTS’ ASSOCIATION & 3 ORS.
This article provides a comprehensive analysis of the Federal High Court’s ruling in the case of Megawatts Nigeria Limited v. Registered Trustees of Gbagada Phase 2 Residents’ Association & 3 Others, where the Court determined that compelling a resident to join a residents’ association solely by virtue of their residence within the estate constitutes a…