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Nairaland Forum / Victorialaws's Profile / Victorialaws's Posts
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In financial dealings, debt represents a sum of money due by certain and expresses agreement. It is a specified sum of money owed to one person from another, including not only obligation of debtor to pay but right of creditor to recover and enforce payment. In financial terms, any amount of money which is still owed after some payment has been made is called a balance, but the balance remains a debt for the debtor to offset if the debtor fails to pay the remaining sum. When Is a Right To Recover Debt Deemed To Have Accrued? By virtue of the provision of the law, a creditor's right to a recover a debt can be said to have accrued on the date the debtor acknowledges the debt due to be paid to the creditor and not before the date of the acknowledgement. Statute of Limitation An action to recover a sum in a contract shall not be brought after the expiration of six years from the date the cause of action accrued. By implication, right to recover a debt in simple contract is extinguished at the expiration of six years from the date the cause of action accrued, that is, the date on which the plaintiff could sue to recover the debt if he so desired. At the expiration of six years from that date, the right to recover the debt is extinguished, notwithstanding the fact that the debt remained unpaid. Exemptions. The limitation statute does not apply where there is a right to recover sum in the following instances: *Penalty or forfeiture of sum due to be paid. *A sum due to be paid by a registered company by a member. *An amount recoverable against wrong doers under a civil liability. Thanks for reading. 2 Likes |
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The issue of custody of a child in Nigeria is paramount and well considered in divorce cases. Contrary to the general belief in line with various culture and tradition that a father is the sole owner or is entitled to the custody of the child of a marriage is not relevant in an issue of divorce. The only factor that will be considered by the court of law is the best interest of a child which will determined to a large extent who can have the custody of a child or children of the marriage in a divorce suit. The mother on the other hand cannot claim custody of the children of a marriage in divorce suit just because she gave birth to them and not even on the ground of their gender, even though the court mostly put into consideration the ages of the children, that does not however make it automatic that a mother would have custody of a child in a divorce matter even if the children are still pretty young in age. As earlier stated, the only factor that influences the decision of a judge is mainly what will be in the best interest of a child or children of the marriage and in considering this, the following has to determined amongst others: 1. The age of the child: this factor does not in any way connote that custody of the child must be automatically awarded to the mother even when they are still tender; other factors will also be considered alongside the ages of the children. 2. The living condition or situation of both parents: the resident of the parents will also be examined by the court, as a parent who put up with a friend or other relatives should not expect that he or she will be awarded the custody of the child. A reasonable accommodation is expected to be put in place especially for the safety and the comfort of the child. 3. The individual relationship of both parents with the child before the divorce: the child’s rapport with both parents before the divorce is also considered in an issue of custody, the essence of this is to the make sure that the child has both physiological and physical relationship with either of the parties. This in effect will give the child the freedom to relate and communicate his or her desires, pains, feelings and worries to either of the parent who eventually has the custody of the child. 4. The conduct of both parents: in granting custody of a child, the conduct which involves the previous behavior of both parents would be considered. This may also include the court taking into consideration struggles with one addiction or the other and previous response to the needs of the children. It must however be understood that Children in divorce matters feel the impact more in any situation, as their fate basically lies in the decision of the court after the separation of their parents and this is majorly determined by the presentation of the respective lawyers to both parents. |
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Lock shop you say? It's more easier than you think Yagazee, you can enforce your right against any association. There is no law mandating any individual to join any association, so if you know your right, you pursue it and still claim cost against them. 63 Likes 3 Shares |
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We have come in contact with so many business owners and commercial men and women complaining about the attitude of their co-business owners in their respective businesses mandating them to register in a formed association as a member else they will not be allowed to freely operate or peacefully carry out their businesses. Members of the association in forcing individuals to join their association goes to the extent of taking over the businesses of individuals who refuses to register with them thereby seizing their business and hindering them from attending to clients and propsective customers. It is important to note that by virtue of Section 40 of the Constitution of Nigeria, it is the fundamental right of every individual in Nigeria to freely assemble and associate with others as he or she may so please. Another provision of the law which expressly makes reference to the fact that Association is not to be forced is the provision of Section 12(4) of the Trade Unions Act which states that: "Notwithstanding anything to the contrary in this Act, membership of a trade union by employees shall be voluntary and no employee shall be forced to join any trade union or be victimized for refusing to join or remain a member." It is therefore the choice of every one to either choose to join, exit or never join any association in Nigeria and not even an order of a court can compel any individual to join an association. It is however against the spirit of the law to threaten, force or mandate any individual to join any association. 21 Likes 3 Shares |
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What a bad news. A well known philanthropist, though never met him, but heard of his impact especially in the educational sector in Oyo State. I hope Oyo State indigenes can be more exposed and think deep to know that Oyo State politics is not worth killing the good minds of Oyo State for. |
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