Applicable Law- By J. N. C. Dandison

Applicable Law : Definition and Effect

By Judith Dandison

Importance of Applicable Law

The first task a lawyer has to undertake on being briefed is to determine the Applicable Law to the set of facts presented to him. The Applicable Law to a particular situation helps a lawyer to easily ascertain the Area of Law the set of facts falls into. For instance, does the wrong fall into the Area of the Law of Contract, Law of tort, Constitutional Law etc. Through the Applicable Law, a Lawyer can also determine the kind of rights infringed or sought to be enforced, whether they are, Contractual rights, statutory rights etc. Applicable law provide the remedies available to redrress such rights infringed, eg, Damages, Mandatory injunctions, specific performance etc. 

Thus a diligent Lawyer must ascertain the Applicable Law to every set of facts as to be sure of the rights or duties, the appropriate remedies to seek and the proper and foolproof mode of enforcing same. A lawyer may fail in solving his Client's needs by not appreciating the correct Applicable Law from the onset. 

What is Applicable Law?

Applicable Law is the totality of Statutes, ordinances, judicial decisions, executive orders or regulations having the force and effect of law and determining the rights and obligations of the parties in relation to a particular set of facts. It also stipulates the mode of enforcing such rights and obligations.

Change in Applicable Law after the act complained of has been carried out

In determining the Applicable Law to a particular scenario, the Lawyer must consider the Applicable Law in force at the time the cause of action arose and not that which is in force at the time of filing the action. Opuwande V. Ogundiaro Oyedoku (1992) 6 NWLR (Pt. 248) 512. For instance, if Mr. A paid N100,000.00 to Mr. B in April 2008 to supply a set of books to him in May 2008 and Mr. B fails to do so. If Mr. A wants to seek redress for the failure of Mr. B to supply the books in March 2010, then the Applicable Law as at May 2008 will determine the;

a. right accruable to Mr. A in the transaction

b. liability of Mr. B in the transaction

c. remedy available to Mr. A 

d. Mode for enforcin Mr. A's right 

c. defences available to Mr. B etc.

Applicable Law is also divided into Substantive and Procedural Law. This will be discussed in the follow-up this Article.

This Article is written by J. N. C. Dandison, Nigerian based Legal practitioner.

#Be your own boss and be paid by another. By J. N. C. Dandison

Be your own Boss and be Paid by Another: How to earn the respect of your Boss. By J. N. C. Dandison

It is possible for you to get most of the reasonable things you demand from your boss. All you need is to know how to acquire that superb ability. Whether you need a promotion, salary increase, unusual favours, like days off and/or to control how you do your work -this is how:

The key is to gain the respect of your boss. If you acquire the respect of your boss, he will voluntary do for you that which he may not do for any other Staff.

Below are some of the ways you can do that.

1. Respect yourself- Don't create the room to be insulted or to be seen as unserious. Talk to your boss and colleagues with respect. Be at the office or at your desk when you are expected to. Don't absent yourself and make excuses for your absence.

2. Be professional- Office is office and work is work. Don't seek favour from your boss by gossiping about your colleagues with him. As you are doing this, he is also learning you and may not disclose sensitive issues to you. Moreover such ill gotten closeness or favour will explode sooner or later as it is not sustainable, it not being a skill.

3. Improve on yourself- Learn your business, trade or profession on a daily basis. Search for, learn and apply more effective and efficient ways of carrying out your work. By doing this, you are selling yourself to your boss and any other person that comes in contact with you as you work. Bosses easily lay off staff that don't effectively carry out their work but find it extremely difficult to lay off the efficient ones. This is because of the impact it will have on their Business or Company.

4. Own up to your mistakes and correct them- Though it is better to be very careful and avoid making mistakes, the truth is that nobody is above making mistakes. When you make mistakes, own up, apologize and try to remedy it. Don't push the blame on someone else. Work on not making the same mistake again.

5. Listen to your Boss- Listen attentively to your boss when he is giving you instructions so as to understand and do exactly what you are instructed to do. If you did not understand, ask your boss questions because it is cheaper to ask questions when you don't understand than to appear stupid by doing the wrong thing. Understanding the mindset of your boss will give you direction on what is generally expected of you in the business or office. This will in turn enable you carry out your duties to his satisfaction and earn you his respect. Don't expect commendations but enjoy them if they come. Focus on the results you achieve, which will also give you satisfaction and the much needed experience.

6. Let your word be your bond- If you undertake to do anything, do it. This will guarantee your dependability and establish your worth.

7. Do the work as if the Company is yours- Don't grumble when you are doing your Job. Even if you are assigned to carry out a task designated for another, do it happily and you will enlarge your experience.

Go out of your way to efficiently carry out your duty. Aim at achieving results instead of 'just doing your job'. Find joy in doing your job.

The above tips have worked for me in the offices I have worked and have earned me the respect of my bosses. They are working for someother persons I know. Please drop your comment if you found them useful or believe they don't work.

Difference between Mandatory Orders and Prohibitory Orders

Difference between Mandatory Orders and Prohibitory Orders.

Prohibitory Order of injunction is targeted at action which the adverse party intends to, is presently carrying out or is seeking to carry out. It can validly be given in the interim by a Motion Ex-parte to stop the said action. Orders of Mandatory Injunction on the other hand are targeted at concluded acts or may direct a person to carry out an act. Such mandatory Orders are not usually granted in the interim and by Ex-parte application but after strict evidence has been taken from both parties, by a motion on Notice, to justify the Order. This is so because the standard of proof required to ground a mandatory injunction is very high. See Attorney General, Anambra State Vs. Okafor(1992) 2 NWLR (pt. 224) 396. Dr. Rabiu Musa Kwankwaso Vs. The Governor of Kano State (2006) LPELR-11617.

Surest way to get what you want from others.

http://dandisonlaw.blogspot.com/search/label/Argument/

In life we argue everyday in order to achieve somethings, make a good purchase, win a case, be understood, be appreciated, win a promotion, win a contract, promote a business idea and even win persons over to your Religious belief. Thus an argument need not be a quarrel. A winning argument is a calm powerful expression of your point. To make a winning argument, you must apply these elements of a Power Argument.


1. Prepare- Prepare until you have become the argument. Prepare until you know every detail of the message you want to pass across.


2. Open the other to receive your argument- Don't force the argument down the others throat. Leave the power to the other to choose whether to accept or reject your argument.


3. Give the argument in the form of a story- Juros, Judges, the boss, the family, the other(s) are all conditioned to listen to stories.


4. Tell the truth.


5. Tell the other person(s) what you want.


6. Avoid sacarsim, scorn and ridicule- use humor cautiously.


7. Logic is power- if logic is on your side, ride it all the way. If your view is logical highlight the logic in your point.


8. Action and winning are brothers - the worst of head on attacks is often better than the most sophisticated defence. Never permit your opponent to take control. Do not defend when you can attack.


9. Admit at the outset the weak points in your argument. You can expose your weakness in a better light than your opponent who will expose them in the darkest possible way.


10. Understand your power- give yourself permission only to win.


Developed from, "How to Argue and Win Every Time" By Gerry Spence.

Effective Recovery of Property

WHY A LANDLORD OR HIS LAWYER MAY FAIL TO RECOVER A PROPERTY EVEN WHEN THE TENANT'S RENT HAS EXPIRED.



In some countries, Recovery of premises is very technical. It is easier to let out a premises than to recover it. The Law in these countries in relation to recovery of premises protects the tenant more than the landord. This work considers recovery of premises in Nigeria.

The use of force, De -roofing a building, locking the property or use of police to evict a tenant for instance is illegal in Nigeria, like in most common Law Countries. Before a tenant can be lawfully evicted from a Premises/Property, the following actions must be carried out by the Landlord or his Lawyer.




1. Service of the requisite notice to quit. The type of the tenancy determines the length of the notice. For instance, a yearly tenant ought to be served a 6 months notice to quit, a monthly tenant is to be given one month notice to quit. This Quit notice ends the tenancy, but were a tenancy for a fixed term has already expired and the tenant refuses to renew it or move out of the property, there will be no need to serve him with a Notice to quit.

Note that where the landlord and tenant signed a written tenancy agreement, they may agree on the length of the quit notice to be given in the agreement.



2. After the tenant has been served with this notice to quit and he refuses to pack out of the premises, the Landlord or his Lawyer can serve him a seven days owners intention to apply to recover premises which expires after seven days.



3. If after seven days, he still refuses to move out, the Landlord or his Lawyer can proceed to the Court or the Rent Tribunal to recover the premises by Order of Court. The above procedure was laid down by the Supreme Court of Nigeria in the case of Ihenacho Vs Uzochukwu (1997) 2 NWLR (pt 487) at Pp 259- 260 in application of the Statutory provisions.



4. It is better for the Landlord to engage a Lawyer to recover his property on his behalf because of the technical nature of Recovery of Premises Law.



5. You may note that where the Statutory notices are issued by a lawyer and not the Landlord himself, he must give the Lawyer a letter of authorization to issue the notices especially where the Lawyer has not been the person collecting the rent for the premises on behalf of the landlord. See Section 29(1) of the Recovery of Premises Law cap 109, Laws of Rivers State, Nigeria 1999 and the decision of the Court of Appeal of Nigeria in the case of A.S Coker Vs Adeyemi Adetayo & ors (1992) 6 NWLR (Pt 249)612 @ P.625, where it held as follows: “The Law is that a letter of instruction by a landlord instructing a solicitor to recover possession of premises on the landlord’s behalf must be issued before the notice to quit is issued by the Solicitor otherwise, the solicitor has no authority to act. Any notice to quit or notice of intention to apply to recover possession issued by any such solicitor before the letter of instruction is null and void and of no effect.”



As such a Landlord/ Lawyer seeking to lawfully recover the possession of a premises needs to exercise some care to effectively achieve his purpose.https://www.google.com.ng/?gfe_rd=cr&ei=qPFXVPnENMyZ1AWP34DADQ&gws_rd=ssl

Never a dull moment.

NEVER A DULL MOMEMT: Responsibility Breeds Character.

By Judith N. C. Dandison


Character as referred to here is in the sense of positive strength. Years ago when I was about 16 Years old, straight out of High/Secondary School. I had the idea of picking up a small job, not that I knew the kind of Job I wanted, or that I wanted the job because I had an Idea of what I could earn or that I actually understood the value and need for money. I was just naive, I just wanted to get a Job because that was what every of my fellow classmates said they would do once we graduated. On arriving home after a day long journey from my school, as I schooled several States away from Home, I told my father that I would start searching for a small Job the next day which I would do till I secured admission in the University. He did not utter a word. The next day, I woke up in the morning dressed up and matched to my father and said; "Dad, I'm ready to go and look for the Job". He looked at me as if he was hearing it for the first time and answered in his usual stern voice, " Work where? I have a Supermarket downstairs, go and be a sales girl there and I'll pay you monthly". That is how I began a serious and demanding Job that I did for the next 3 Years before I was able to secure an admission into the University to study law. Ironically I was only paid for the first one month and thereafter I was not paid again. Lessons learned from this Stint. My dad has always been a strict father, who does not allow for unnecessary socializing, lazing about and expects one to give every Assignment his/her best. His slogan is 'Never a dull moment'. He rarely gives you money but expects integrity. The journey was not easy 'at all' but it molded my Character. I became stronger and more determined than most of by peers. I became very bold and a leader because at a time I was in charge of running the Supermarket and the Beauty Salon which demanded a lot of tough skin and confidence. So till date, I strive to do well in everything I do, not putting money first. I am satisfied and fulfilled when I get good results and I tell you this good results have been paying with both recommendations and money. In my work as a legal practitioner, this Strength of Character has been my most priced tool. I am grateful to God and my father for the experience and opportunity as I am a strong believer that things rarely happen by chance.
https://www.google.com.ng/?gfe_rd=cr&ei=qPFXVPnENMyZ1AWP34DADQ&gws_rd=ssl

#Difference between mandatory and prohibitory orders

Difference between Mandatory and Prohibitory Orders of Injunction

By Judith Dandison.
Prohibitory Order of injunction is targeted at action which the adverse party intends to, is presently carrying out or is seeking to carry out. It can validly be given in the interim by a Motion Ex-parte to stop the said action. Orders of Mandatory Injunction on the other hand are targeted at concluded acts or may direct a person to carry out an act. Such mandatory Orders are not usually granted in the interim and by Ex-parte application but after strict evidence has been taken from both parties, by a motion on Notice, to justify the Order. This is so because the standard of proof required to ground a mandatory injunction is very high. See Attorney General, Anambra State Vs. Okafor(1992) 2 NWLR (pt. 224) 396. Dr. Rabiu Musa Kwankwaso Vs. The Governor of Kano State (2006) LPELR-11617.

Productivity is the key.

                    Flexible working - Judith Dandison.

Having a job isn’t about being at work, it’s about doing a productive work. Bosses should be able to be honest with themselves about work time in order to maximize input and output. The question they should ask themselves is, what are we paying Employees for, Presence or Productivity, long hours or productivity?

I believe this question should be uppermost in every Employers mind. The society has already set down a presumably standard work time per day. Most workers work from 8am - 4pm/5pm or thereabout. The question that begs for answer is, 'Is this the most productive work pattern? I personally think it is not. This is  paramount reason I myself started aiming to be self employed.

It is surely different for an employee whose duties flow continuously through out the work hours.  Such an employee is occupied through out his work time and may not have time to waste off, though his exhaustion is another issue. Where generally, one has to sit  in an Office because your employer expects you to sit on your chair even when you don't have any work to do, it kills productivity. It leads to a situation where one stops working for productivity and impact and starts working only to earn his Salary. It kills innovation and zeal. 

The truth is that some worker may have to just sit in the office from 8 am to 4 pm for a straight one week without having any jobs to execute. The employee may have to turn to Facebook and other social media in order to keep himself busy for the long hours he has to while away. If not that, he may turn to office gossip or many other negative and unproductive activities because he MUST SIT ON HIS CHAIR. This unproductiveness surely breeds corruption and some other ills.

It is a given that for any Business or institution to thrive, it must maximize its output. Since there is no outstanding output without an outstanding input, why shouldn't Flexible working be practiced by all. Flexible working has been defined as simply referring to any working schedule that is outside of a normal working pattern. This means that the working hours, instead of being repetitive and fixed can involve changes and variations. Flexible working is not about doing less, it is about working smarter.

Flexible working is actually believed by some to lead to increased productivity. It also necessary for employees whose jobs are too demanding. Under the Economics Law of diminishing returns, putting in regular 12-hour stints may not be the most efficient way of doing things. This dwindles the input and output of Organizations. It also stresses out workers and somtimes leads to health problems not to mention the loss of profit.

I am of the strong opinion that there is need for change in the standard work time. What do you think?