DHL SUED N3m BY CUSTOMER FOR LOST OF CREDENTIALS

A CUSTOMER Daniel Okon Etuk has sued DHL International Nigeria Limited at the Federal Capital Territory (FCT) High Court, asking it to pay about N3million for the loss of its credentials.

Etuk, a graduate of Food Engineering from the University of Uyo in Akwa Ibom State had earlier this year, contacted the courier firm to help deliver his original certificates to the Southwestern University in the Philippines, where he had been offered an admission to study Pharmacy.

He stated in a statement of claims, that the university had requested the original copies of his credentials, including the West African School Certificate (WASC) , birth certificate, police report, among others, as part of the admission requirements.

Etuk said it was in the process of getting the documents to the university that he contracted DHL, who charged N17,600 for the service, which he paid. He said the company’s officials promised to deliver the items within a week.

The plaintiff stated that, hoping that everything would go as planned, he proceeded to make travel and accommodation plans, including buying air tickets for his trip to and from the Philippines.

He averred that he was surprised when, weeks after the transaction, the university‘s Registry called to inform him that the documents were not delivered, a development that later caused him the admission, having incurred huge expenses.

Etuk ssid the firm did not only fail in delivering the documents since June 19, when he handed its officials the documents, it has not been unable to account for them despite his several demands on them.

The plaintiff, who accused the firm of negligence and breach of contract, is praying the court to declare, among others, that there is a valid and subsisting contract between him and the courier firm for the delivery of a parcel containing the original copies of the plaintiff’s certificates to the university in the Philippines.

He also seeks a declaration that DHL breached its obligation under the contract, and was negligent when it failed to deliver the documents to the varsity and has been unable to account for them.

Etuk is claiming from DHL, N2million as the amount he lost in school fees, flight ticket, accommodation, among others; N50,000 in general damages for the alleged breach of contract and N50,000 in exemplary damages for the defendant’s alleged negligence.

The respondents are yet to file their defence.

EPITOME AND ABSTRACT OF TITLE

The process of sale of land also involves a period where the title of the owner of the property is investigated to know whether it is legal, original and genuine.

Investigation and deducing of title involves a search at different registry where land instrument are registered to trace the title document of the vendor in other to deduce the title of the property.

In Conveyancing Act states, the law prescribes, the length of years for deducing title to be a minimum of 40 years. However, a legal title free from any encumbrance is a good title and it is immaterial that there is a minor defect in the title of the vendor provided such defect does not go to the root of the title, it may be cured by indemnity offered by the vendor.

Abstract of title is a written account, arranged in a chronological order of the contents of tittle deeds and other documents relating to a particular property.

Epitome of title contains date of the document, names of the parties therein, the event and its nature which relates to land. it is often resorted to as  result of simple method of deed registration in Nigeria.

Under Registration of Titles Law, abstract or epitome of title may not be necessary as the state upon registration of title, guarantee the vendor's title.

The Property and Conveyancing Law requires that the root of title should be traced to not more than 30 years back while the Vendor and Purchaser Act 1874 stipulates 40 years for other states.

Section 130 of the Evidence Act states that recitals in a deed which is 20 years old at the date of the contract, unless proved to be inaccurate, are deemed sufficient evidence of the truth of such fact. see also Bank v. Webb (1958)1 all E.R 126.

Advantages of Epitome of Title

·        It enables the purchaser to raise requisitions on title

·        The purchaser through epitome of title will know if there is any defect in the vendors title

·        The purchaser’s solicitor base his report on it

Elements of Good Root of Title

·        The title should disclose all the interests in the property both legal and equitable

·        It must not be subjected to higher interest than the one disclosed

·        It must sufficiently describe the property

·        It must cast no iota of doubt on the integrity of the title.

Examples of Good Root of Title

·        An assent

·        A deed of lease

·        A legal mortgage

·        Equitable mortgage by deed accompanied by memorandum under seal

·        Registered titles

·        Certificate of title

·        Deed of assignment

Examples of Bad Root of Title

·        Power of attorney

·        A lease agreement

·        Equitable mortgage

·        A conveyance subject to mortgage

·        Certificate of Occupancy; this is not a conclusive proof of title, but a conclusive evidence of proof of a good title., its becomes a good root of title:

·        When its granted by state

·        Customary owners under deemed grant

·        Buyers from the original owner

How to Investigate or Search for Title to Land

Purchaser's solicitor may verify the epitome or abstract of title through the following ways;

·        Register of title in the registration district

·        Search in the appropriate land registry, companies registry and probate registry.

·        Investigation of court judgement and orders

·        Inspection of original document of title

·        Investigating traditional title of the owner

·        Physical inspection of the property

Procedure to Conduct a Search

·        Letter written or forms filled depending on jurisdiction

·        Depose to affidavit in Lagos

·        Attach two passport photograph

·        Payment of search fees..

DEFUNCT GULF BANK DIRECTOR GETS N500M BAIL

Temporary reprieve came the way of a Briton, Gareth Mervyn Wilcox and four others accused of defrauding the defunct Gulf Bank Plc of N15.1billion as the Federal High Court in Lagos granted them a N500million on Monday.

The Federal Government arraigned them on 21 counts of alleged conversion of the bank’s funds for personal use, but they pleaded not guilty to all the counts.

The prosecution said they “converted/appropriated” the sum in the name of loans and overdraft facilities to various companies without appropriate accounting records.

Part of the money was said to have been used to finance a non-existing refinery.

Wilcox was charged along with Prince Johnson Adekunle Adeyeba, a firm, Ibom Power Company; LYK Engineering Company Limited and Uche Uwechia.

Adeyeba is a former director and majority shareholder of both Gulf Bank and Ibom Power Company; Wilcox was the managing director of both Ibom Power Company and LYK Engineering; while Uwechia is a former Company Secretary and Legal Adviser at Gulf Bank and allegedly aided Adeyeba in the perpetration of the alleged fraud.

They allegedly “converted/appropriated” a total of $55.3million and over N3.7billion belonging to the bank.

Ruling on bail applications by the defendants’ counsel, Justice Mohammed Yinusa granted Wilcox and Adeyeba bail in the sum of N200million each.

The defendants are to produce two sureties in the sum of N200million each, and the sureties must be resident within the court’s jurisdiction.

The sureties are to swear to an affidavit of means and must own property within the court’s jurisdiction, the judge ruled.

In addition, the sureties must produce evidence of tax payment in the last three years.

The defendants must also deposit their international passports with the court’s registrar.

“They must give an undertaking not to travel outside the country without leave of court,” Justice Yinusa added.

Meanwhile, the fifth defendant, Uwechia, was granted bail for N100million with two sureties in like sum. Other terms of the bail granted the second and third defendants also apply to him.

Justice Yinusa picked February 26, 2014 for commencement of trial.

ACTIVISTS SEEK BETTER HUMAN RIGHTS ENFORCEMENT IN NIGERIA

LAWYERS and activists have called for better enforcement of women and children’s rights.

They said poor enforcement of the laws had emboldened rights abusers to act with impunity, leaving women and children at the receiving end.

They spoke in Lagos during the launch of a book written by a rights activist, Dr. Yinka Olomojobi, titled: Human Rights on Gender, Sex and the law in Nigeria.

Speakers, including Justice Lateef Lawal-Akapo, Prof Oluyemisi Obilade, Mr. Kunle Ogunba (SAN) and Dr. Joe Okei-Odumakin, who reviewed the book, said rights abuses would continue until the laws were strictly enforced.

Ogunba said there was impunity because the laws were not working.

“We will begin to take ourselves seriously when we do away with impunity,” he said, praising the author for the work.

Dr Okei-Odumakin showed clips of how women were being dehumanised, calling for more advocacy on women and children’s rights protection.

She said of the book: “The actual instances of this abuse – individual, group, corporate, national and international extents – are documented. The legal perspective is even more painstakingly delivered.”

Dr Okei-Odumaki said the book is also futuristic in the seeds of curiousity it sows in the reader.

“The chapter on sexual politics and democracy, I find intriguing in several ways because of the scourge of multi-dimensional denials captured in the chapter.

“The denial is brazen in the North and buried in religion. It is subtle in the South and buried behind a façade of statutes largely ineffectual in the face of cultural and political muscle,” she said.

On the book’s approach, she said the author chose the classic academic style, building up the arguments from several perspectives and backing them up with references in the same breath.

Dr Olomojobi said his passion for human rights motivated him to write the book, which highlights legal provisions for rights protection.

He said the book was written to explore women’s’ rights and identify common areas where they are abused, in terms of customs, traditions, religion, among others