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How Can She Get Her Property Back? - Family - Nairaland

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How Can She Get Her Property Back? by hanniball: 6:52pm On May 06, 2020
Greetings everyone,

Legal practitioners in the house please i need advice on an issue. My Aunt's husband defaulted on their rent and as a result, a court order was given to evict them and sell off most of her husband's property to offset the rent, but here's the problem, her car was also taken. She had bought the car herself and all the documents are in her name. she was told to come to the court with all the legal documents to reclaim her car, all the legal documents were provided and she was asked to take the car but it wasn't in working order, so she was unable to take it with her that day.
Few days after, she got seriously ill and was unable to collect the car at the time. All these happened last year.

She recently recovered and decided to get her car back but unfortunately it had already been sold by the court. Please i want to know if this is right, and she's also involving a human rights lawyer. what are her chances?
Re: How Can She Get Her Property Back? by Donald3d(m): 7:05pm On May 06, 2020
Wow !!.

1 Like

Re: How Can She Get Her Property Back? by eyinjuege: 7:10pm On May 06, 2020
Wasn't she living with her husband in the house they owed rent?
Its marital property.
All debts and assets are shared
The car is gone, and legally too

3 Likes

Re: How Can She Get Her Property Back? by eyinjuege: 7:55pm On May 06, 2020
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Re: How Can She Get Her Property Back? by NextD18: 7:59pm On May 06, 2020
Women are always after themselves, not the betterment of their family.

Car kee her there!!!


May God give the husband the connection and strength to get back to his fit to be able to provide shelter for his family.

1 Like

Re: How Can She Get Her Property Back? by yomi007k(m): 10:24pm On May 06, 2020
NextD18:
Women are always after themselves, not the betterment of their family.

Car kee her there!!!


May God give the husband the connection and strength to get back to his fit to be able to provide shelter for his family.

Amen o. I dey tell you
Re: How Can She Get Her Property Back? by Richy4(m): 5:13am On May 07, 2020
This is so complicated.. if she fell ill, was there no adult/ relative that would have towed the vehicle away from the court premises,.. or is it the fact that it was not in a working condition, nowhere to park it, then you decided to leave it there to buy time.. thinking since we got the document, no shaking..

Though I'm not sure if abandoning a property in a public premises like a court without proper permission for a year is legal...

if your quest is urgent then go online maybe, look for free lawyers that entertained free questions.. They might help.. but I'm afraid u might not find free ones in Nigeria.. only the oyibo ones and their laws might not be applicable to that of our Country.
Re: How Can She Get Her Property Back? by edoman2016: 7:26am On May 07, 2020
Nice one by the court. This judgement will deter owing tenants who think they can outsmart landlords who suffered to build their houses. Some wicked tenants won't pay their rents but have money to buy a car and maintain it. Nonsense.
Re: How Can She Get Her Property Back? by Dtruthspeaker: 8:23am On May 07, 2020
If she has perfected her right to reclaim her car, then the court would not have disposed of it!

If it was disposed, then report to the magistrate who tried the case, which may lead to the Registrar of the Court and a petition to the Chief Judge. Ther are many ways you can go about it
Re: How Can She Get Her Property Back? by hanniball: 8:45am On May 07, 2020
NextD18:
Women are always after themselves, not the betterment of their family.

Car kee her there!!!


May God give the husband the connection and strength to get back to his fit to be able to provide shelter for his family.

A husband that abandoned her and the kids when he saw that he had accrued more debt than he could pay? Don't be so quick to judge.

2 Likes

Re: How Can She Get Her Property Back? by hanniball: 8:53am On May 07, 2020
Richy4:
This is so complicated.. if she fell ill, was there no adult/ relative that would have towed the vehicle away from the court premises,.. or is it the fact that it was not in a working condition, nowhere to park it, then you decided to leave it there to buy time.. thinking since we got the document, no shaking..

Though I'm not sure if abandoning a property in a public premises like a court without proper permission for a year is legal...

if your quest is urgent then go online maybe, look for free lawyers that entertained free questions.. They might help.. but I'm afraid u might not find free ones in Nigeria.. only the oyibo ones and their laws might not be applicable to that of our Country.


She was more concerned about getting back on her feet, hence the delay in recovering the car.
Thanks for your input.
Re: How Can She Get Her Property Back? by hanniball: 9:03am On May 07, 2020
Dtruthspeaker:
If she has perfected her right to reclaim her car, then the court would not have disposed of it!

If it was disposed, then report to the magistrate who tried the case, which may lead to the Registrar of the Court and a petition to the Chief Judge. Ther are many ways you can go about it

Thanks for your input.

She perfected her right to reclaim the car and
was given permission to collect it.

However, when she went to reclaim it recently, she was told that a suit was filed in her absence claiming that the vehicle documents she tendered in court were forged. So a judgment was passed to dispose of the car. My questions are:
1. Do they have a right to pass such judgement in her absence?
2. What can she do now?

She has all the original vehicle documents.
Re: How Can She Get Her Property Back? by Dtruthspeaker: 12:30pm On May 07, 2020
hanniball:


Thanks for your input.

She perfected her right to reclaim the car and
was given permission to collect it.

However, when she went to reclaim it recently, she was told that a suit was filed in her absence claiming that the vehicle documents she tendered in court were forged. So a judgment was passed to dispose of the car. My questions are:
1. Do they have a right to pass such judgement in her absence?
2. What can she do now?

She has all the original vehicle documents.

Get the details of the suit taken out in her absence and get a lawyer to challenge the suit on ground of the lack of Notice of the proceedings and Fraud, to set aside both the judgement and the sale.

You'll need a lawyer for all these, so get one
Re: How Can She Get Her Property Back? by Nobody: 12:36pm On May 07, 2020
hanniball:


Thanks for your input.

She perfected her right to reclaim the car and
was given permission to collect it.

However, when she went to reclaim it recently, she was told that a suit was filed in her absence claiming that the vehicle documents she tendered in court were forged. So a judgment was passed to dispose of the car. My questions are:
1. Do they have a right to pass such judgement in her absence?
2. What can she do now?

She has all the original vehicle documents.
This is Nigeria...them don sell the car share the money.. I strongly doubt if she can get back her car.. them go stress her tire!. She should count her loss and move on. May God replenish her loss.
Re: How Can She Get Her Property Back? by Dtruthspeaker: 1:04pm On May 07, 2020
yettymuse:
This is Nigeria...them don sell the car share the money.. I strongly doubt if she can get back her car.. them go stress her tire!. She should count her loss and move on. May God replenish her loss.

And you wonder why you have bad leaders and bad people, who do wrongs and get away with them.

If you do not challenge them how are we going to have a "this is Nigeria" where no wrong goes unremedied and wickedness punished where applicable?

1 Like

Re: How Can She Get Her Property Back? by Nobody: 5:52pm On May 07, 2020
Dtruthspeaker:


And you wonder why you have bad leaders and bad people, who do wrongs and get away with them.

If you do not challenge them how are we going to have a "this is Nigeria" where no wrong goes unremedied and wickedness punished where applicable?
No vex abeg...*pick race*
Re: How Can She Get Her Property Back? by Dtruthspeaker: 7:45pm On May 07, 2020
yettymuse:
No vex abeg...*pick race*

Sorry dear, didn't mean to bite your head, I only don't want my people to be weak and let wickedness prevail, which only happens because our people are weak and do not use their Natural God-given powers to stop all Evil.

1 Like

Re: How Can She Get Her Property Back? by worworbabe: 9:22am On May 08, 2020
So what happens to the owner of the house. Your aunt thinking of herself but not of the real victim - the landlord.
Re: How Can She Get Her Property Back? by TonyeBarcanista(m): 9:31am On May 08, 2020
If the car is worth it, let her get a lawyer to challenge the action of the magistrate

1 Like

Re: How Can She Get Her Property Back? by frozen70(f): 1:53pm On May 08, 2020
hanniball:
Greetings everyone,

Legal practitioners in the house please i need advice on an issue. My Aunt's husband defaulted on their rent and as a result, a court order was given to evict them and sell off most of her husband's property to offset the rent, but here's the problem, her car was also taken. She had bought the car herself and all the documents are in her name. she was told to come to the court with all the legal documents to reclaim her car, all the legal documents were provided and she was asked to take the car but it wasn't in working order, so she was unable to take it with her that day.
Few days after, she got seriously ill and was unable to collect the car at the time. All these happened last year.

She recently recovered and decided to get her car back but unfortunately it had already been sold by the court. Please i want to know if this is right, and she's also involving a human rights lawyer. what are her chances?

So, what was now used to off set their rent debt, it's like the car was auction to complete their payment

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