• M
    Monnyholuwa

    Mr. Ade insured his car with ABC Insurance company against theft and insured his house at Ikoyi against fire and burglary .

    What is the Right of Subrogation in Insurance Business

    On 1st of January, Mr. Kola negligently set fire on Mr. Ade’s car. While on 2nd of March, Mr. Bayo, who was Mr. Ade’s neighbor at Ikoyi, was burning refuse, the fire spread and burnt Mr. Ade’s house. On 12th of January, ABC Insurance company paid Mr. Ade #1 million for his house and #200,000 for his car. Mr. Bayo promise to pay Mr. Ade #3 million to buy another house while Mr. Kola’s insurance company paid Mr. Ade #550,000 to buy another car. What is the extent of ABC Insurance company right in the exercise of the right of subrogation?

    posted in Legal System read more
  • M
    Monnyholuwa

    Mortgage transaction is a modern day transaction one instance where mortgage is used to secure a loan is either to start business or build a house.

    According to I.O SMITH in PRATICAL APPROACH TO LAW OF REAL PROPERTY IN NIGERIA , Mortgage is a conveyance of property of both legal or equitable interest, in property to a lender upon a covenant by the lender that upon repayment of the loan, the conveyance become void or he would reconvey the interest to the borrower.it is the transfer of interest on a property by a borrower (also called the Mortgagor) to a lender (also called the Mortgagee) as an assurance of repayment of loan.

    Mortgage is a transaction which is beneficial to both the mortgagor and the mortgagor .For a mortgagee, mortgage is a form of future investment as it gives him an assurance that their interest is secured and would not be affected when the mortgagor becomes insolvent. Thus they are secured creditor in case of bankruptcy and insolvency and their interest takes priority. For the Mortgagor, it provides him with loan to invest with and also low capital rate as the loan is a long term loan.

    Mortgage is an important transaction which in most case involve Land. Transactions involving land is subject to provision of the Land Use Act 1978.pursuant to section 1 of the land use act provide that “subject to the provision of the Act, all lands comprised in the territory of each state in the federation are vested on the Governor of that state and such land shall be held in trust and administered for the use and common benefit of Nigerians.” Thus all lands within a state is under the care of the state Governor therefore any transaction on such lands needs Governor’s consent or approval including mortgage.

    There are certain steps to be taken for a valid and enforceable mortgage transaction. Construing Section 21 and 22 of the Land Use Act, it show that no mortgage can be validly effected without the consent of the Governor is first heard and obtained. Section 26 of the Land Use Act provide the effect of not obtaining such consent as such mortgage is void (that is it will not give rise to any legal obligation).The question then is whose duty is it to obtain the Governor’s consent. A proper construction of Section 21 and 22 of the land use act depict that it is the duty of the mortgagor to obtain the Governor’s consent.

    The requirement of Governor’s consent is critical and of great important to mortgage transaction .In SAVANNAH BANK V. AJILO (1989)1 NWLR Pt97 Pg 305, the respondent mortgaged his land which he acquired before the Land use act to secure a loan. Being a legal mortgage, the appellant who is the mortgagee decide to exercise his statutory power of sale when the mortgagor/respondent refuse to pay the loan. The respondent commence an action to stop the sale of the mortgaged property on the ground that the Governor’s consent was not obtain. The Supreme Court held that for both actual grant and deem grant the consent of the Governor is needed and failure to obtain such consent render the mortgage void (that is not enforceable by the court).

    However in some cases the court has applied an equitable principle that” the provision of the statute should not be used as an engine of fraud” In NATIONAL BANK OF NIGERIA V. AYODEJI (1989)NWLR Pt 96 Pg 212, the court refuse to set aside the mortgage transaction for failure to obtain Governor consent as the respondent who was the mortgagor who has the responsibility to obtain such consent cannot rely on his own default to obtain the consent and thus escape liability. This position was followed in UGOCHUKWU V. CO-OPERATIVE AND COMMERCE BANK (NIG) LIMITED (1996)6 NWLR Pt456 Pg 524.

    In UNION BANK OF NIGERIA AND ANOR V. AYODARA AND SONS (NIG) LTD (2007)13 NWLR Pt 1052 Pg 567, the respondent obtained a loan from the appellant and executed a deed of legal mortgage on his property. The consent of the Governor in respect of alienation of the property was communicated by the chief land officer for the permanent secretary who acted for the honorable commissioner of lands and housing to whom powers to give consent was delegated. When the respondent/mortgagor defaulted in payment, the appellant move to sale the property. The respondent challenge the sale of the property on the ground that the consent of the Governor was not duly obtained. The Supreme Court held that the chief land officer for the permanent secretary for the commissioner of land and housing was not the proper person to give consent as such power cannot be exercise by him. Thus non-conformity with Section 22 of the land use act render the mortgage transaction void.

    However no Governor’s consent is required for re-conveyance or release by the mortgagee which mortgage was created with Governor’s consent. Also to convert an equitable mortgage into a legal mortgage, Governor’s consent is not need. Also where an equitable mortgage of the right had earlier been created with Governor’s consent, Governor’s consent is not necessary. This is contained in Section 22(1) (a)-(c) of the Land Use Act.

    In conclusion, the court decision in UNION BANK OF NIGERIA V. AYODARA represent the current position of law as regards mortgage and Governor’s consent. Governor’s consent first heard and obtained is necessary for a valid mortgage transaction so as to create a binding obligations which the court can recognize and enforce.

    posted in Legal System read more
  • M
    Monnyholuwa

    As the price of petroleum is on a downside in the international market, an alternative means of generating fund for proper Governance and actualization of Government objective is needed. One alternative option in generating fund is through TAXATION.

    Taxation is the process where the citizenry in fulfilling the obligation imposed on him by the Government make financial contribution to the Government revenue for the realization of societal goals which failure to do so is not without sanction by the Law.

    According to TOLBY R.A in his book “THE THEORY AND PRACTICE OF INCOME TAX”, the tax system can be describe as a universal contrivance where the state imposes upon his citizens a compulsory financial levy or contribution for the benefit of the society as a whole.

    The tool of taxation is an important and highly potent one. There is a popular saying that there are two constant things in life that is DEATH AND TAX. Thus for constant revenue generation for the Nigeria Government, the reliable tool is Tax. A person is expected to compulsorily pay certain contribution to the Government from his income. It is not a question whether the tax payer gets anything in return for his or her contribution.

    Taxation is a civic obligation imposed by law on behalf of the Government on its citizens for the purposes of financing its obligation to its citizen and promoting public welfarism. This tool of generating fund have had its effectiveness affected by different factors and one of such factors is TAX PREVENTION. Tax prevention are methods employed by tax-payers to escape their tax liability completely or reduce their liability to the barest minimum. Tax prevention is further divided into: TAX EVASION AND TAX AVOIDANCE.

    Tax evasion and tax avoidance has become an issue of concern in Nigeria tax system even in the International scene as it reduce the amount of Government revenue. The question that has been what is responsible for the continued existence of tax evasion and avoidance. Some blame the citizens for their unpatriotic attitude towards paying tax.

    Some blame the situation on the tax authorities for not living up to expectation in relation to the proper and effective administration of tax. While other blames the accountants and tax professional who are expected to promote transparency of the practice and detect fraud but instead uses their expertise to facilitate tax evasion and avoidance.

    Tax evasion is a deliberate and willful act of not disclosing the full income which is subject to tax in order to reduce its tax liability. Thus paying less tax or not paying at all what is legally expected of a person characterize tax evasion. Tax evasion is a way a tax payer arrange his affairs in such a way that he pay less through illegal means. It also include wrong tax reporting, declaring less income,profit,gain than actually made or overstating deductions, claiming relief which not entitled to.

    Tax avoidance, according to BLACK LAW DICTIONARY, is the minimisation of one’s tax liability by taking advantage of legally available tax planning opportunities. It is a means of reducing one’s tax liability to a lesser amount or no liability at all through Legal means. A person practice tax avoidance when he uses the loopholes in the law to minimise his tax liability.

    There is a concrete difference between tax avoidance and tax evasion. While tax evasion is reducing one’s tax liability through illegal means such as deliberately concealing certain income or profit which is subject to taxation. Tax avoidance is an act of legal reduction by taking advantage of loopholes in the law. Therefore the main difference between tax evasion and tax avoidance is the question of legality of the taxpayer act.

    Tax evasion is seen as morally wrong considering from the moralistic view. Apart from being morally wrong, it is a breach of legal provision. While it is settled that Tax evasion is both morally and legally prohibited same cannot be said of Tax avoidance .in the case of LEVENE V. I.R.C (1928) AC 217,VISCOUNT SUMNER commented that
    “It is a trite law that His majesty ’ s subject are free, if they can, make their own arrangement, so that their cases may fall outside the scope of the taxing Acts. They incur no legal penalties and, strictly speaking, no moral censure if, having considered the lines drawn by the legislature for the imposition of taxes, they make it their business to walk outside them”.

    It can be deduced from the judicial attitude toward tax avoidance that although tax avoidance id morally wrong but it does not attract any legal sanction.

    There are two school on the issue of Tax Avoidance. A school of thought believe that tax avoidance can only be said to be morally wrong but will not impose any tax liability on the tax payer. This is school of thought base their argument on two (2) justification for tax Avoidance. One of their justification is based on the principle on interpretation of tax statutes. The General rule in the interpretation of tax statute is that the taxpayer is entitled to rely on the strict, express, literal wordings of the applicable statutes.

    Thus if the law does not expressly prohibit an act, no matter how unpatriotic it may be, it’s not illegal. Another justification is given by the court in addressing the issue of Tax Avoidance. In AYRSHIRE PULLMAN MOTOR SERVICES V. COMMISSIONER OF INLAND REVENUE (1929) 14TC 754, the court held that “Every man is entitled if he can to order his affairs so that the tax attaching under the appropriate Acts is less than it otherwise would be. If he succeeds in ordering them so as to secure this result ,then, however unappropriated the commissioners of the inland Revenue or his fellow taxpayer may be of his integrity ,he cannot be compelled to pay an increased tax.”

    Another school of thought believe that allowing a taxpayer to rely on the provision of the tax statutes to escape or minimise his tax liability is in violation of one of the rationale of Taxation that all taxpayer is to pay tax. Allowing such will result in distributing their tax liability on other taxpayers which will constitute extra burden. They believe the provision of the law should be given wide interpretation in fulfilment of the intent and purpose of taxation in order to cover any tax avoidance. Few judicial decision has followed this position. In GREEN V. INLAND REVENUE COMMISSIONER (1971) AC 109 at 137, LORD REID state that “it would appear that the courts are now favourably disposed towards the widely drawn anti-avoidance provisions. By their very wide nature, anti-avoidance provisions have to be drawn so that the net is wide enough to pull in many activities that would otherwise have escaped taxation” This position was followed in the Nigeria case of MOBILE OIL V. F.B.I.R (1977)3 S.C 53 at 113.

    The effect of the continuous operation of tax avoidance and evasion will have a great impact on the Government Revenue and the economy as tax form a reliable source of generating income for Government. It will also have adverse impact on the society as a whole as there would not be revenue to carry out the plans of Government for the benefit of the General populace.

    In conclusion, although tax avoidance does not attach any legal sanction as its only frown upon on moral ground, alongside tax evasion is detrimental to the growth and proper functioning of the society.

    posted in Legal System read more
  • M
    Monnyholuwa

    There are instance where an insured (that is a person who has an insurance cover) will be entitled to compensation from both the insurance company and a third party tortfeasor. The insured has right to such compensation as of right for the injury suffered. An insured can either purse an action against the third party tortfeasor or the insurance company or both. While an insurance company performs his contractual obligation by paying the insured for the damage suffered, it can then commence an action against the third party tortfeasor. This power exercisable by the insurance company is called SUBROGATION.
    According to BUSINESS DICTIONARY, subrogation means a legal principle under which an insured party surrenders its rights against a third party to the insurer after claiming and receiving a compensation for an insured loss. Thus subrogation is a legal principle where an insurer, having indemnified an insured, acquires all the rights and remedies of the insured with respect to the damage .It is when the insured step into the shoes of the insured and claim the benefits and obligation accrued to an insured.

    The principle of subrogation is now a universally recognized component in most insurance contract. Insurance is a contract of indemnity and thus the principle of indemnity would apply. The principle of indemnity is that a person should not be allowed to benefits from his loss or make profits from his own loss suffered. This principle applies to both the insured and the insurance companies. This means the law frown at a person receiving with both hands that is from the insurance company and the third party tortfeasor.
    This right of subrogation is not an automatic right conferred on the insurance company. There are certain requirement that must be fulfilled by the insurance company. Firstly, the insurance companies must have accepted liability for the injury suffered and must have compensated the insured. Where the insurance company has not accepted liability for the injury suffered, it cannot exercise the right of subrogation.as regards payment to the insured by the insurer as a precondition for the right of Subrogation, the insured and the insurance company can agree to postpone the payment till after the proceeding. This was applied in BRITISH INDIA INSURANCE CO. LTD V.ALHAJI KALLA (1965) N.M.L.R 347.
    Secondly, the damage or injury suffered by the insured must be connected to that which is covered under the insurance contract but need not be identical. For instance where the risk protected against is theft and the third party damage the subject matter of insurance through fire ,in such situation since the insurance company does not have any liability, therefore they cannot exercise right of subrogation.
    The question usually asked is that “is it all money given to an insured as a result of damage caused to his property that fall under the ambit of Subrogation “As a principle of law, any monies or gifts given to an insured person to reduce the loss suffered over the damage on his property is cover by the right of subrogation. This was seen in STEARNS V. VILLAGE MAIN REEF OLD MINING CO. LTD (1905)10 comm.cas.89.However the right does not extend to pure gifts (that is gifts given to an insured which is not to reduce the loss .This position is followed in BURNARD V. RODOCANACHI (1882) 7 App. Cas.333.The question whether a gift is to reduce the loss is determined by who gave the gift. If the gifts is given by the third party tortfeasor, it raise a strong presumption that the gift was given to reduce the loss.
    Where the insured commence an action against the third party, it does not excuse the insurance company from fulfilling its contractual obligation. Where the insured received compensation from the third party tortfeasor before the insurance settlement, the insurers are entitled to take that payment by the third party tortfeasor into consideration in assessing the amount payable to the insured.
    The question then is who is entitled to the excess money that is difference between the amount an insurance company pay to the insured and the amount paid by the third party tortfeasor for the damage .Based on the principle of indemnity, the insurance company would be entitled to ONLY the amount he paid out to indemnity the insured. Any excess money over and above the sum paid by the insurer belongs to the insured.
    The insured, when the right of subrogation is exercisable, must conduct himself in such a manner that the interest of the insurance company will not be frustrated. In Nigeria, the Marine insurance Act made provision for subrogation right of an insurer (that is the insurance company) section 80 of the act states that:
    Where the insurer pays for a total loss, either of the whole, or in the case of goods of any goods of any approtionable part, of the subject matter insured, he shall thereupon become entitled to take over the interest of the assured in whatever may remain of the subject matter so paid for, and shall thereby be subrogated to all the rights and remedies of the assured in and in respect of that subject matter as from the time of the casualty causing the loss.”
    The question now is what happens to the right of subrogation of an insurer against the insured where the insured deliberately frustrate the insurer from exercising its contractual right of subrogation. The statute did not provide expressly for remedy for the insurer where the statutory right is breached, in plethora of cases, the Nigeria courts have applied the universal Latin maxim UBI JUS IBI REMEDIUM-where there is a wrong there is a remedy. The maxim enjoined the courts to provide remedy for a party that has suffered damage which ordinarily is without remedy. In UNITED MICROFINANCE BANK LIMITED V.EKPAN ADJAKA (2015) LPELR-24541 C.A, the court of appeal held that “the maxim ubi jus ibi remedium Is a principle of justice of universal validity that is available to all legal systems involved in the administration of justice.
    In conclusion, the right of subrogation exercisable by an insurer is a right which is recognized by the general principle of law and has been codified under a statute.

    posted in Legal System read more
  • M
    Monnyholuwa

    The business of poultry is one which has not so much participant until recent times where few has discover how lucrative the business is to both the owner and the country’s economy at large. Poultry is an aspect of livestock farming and has become a great deal of investment in Nigeria and the benefit which accrue within a very short time. With the festive period around the corner and several Nigerians are going to consume poultry products, there is high demand for poultry product. Therefore the business is one ready to give quick profit.

    Poultry farming is a type of farming system which involve the raising of domesticated birds such as chickens, ducks, turkeys and geese for the purpose of getting meat or eggs for food. In poultry ,chickens are of great number than any other .According to OXFORD DICTIONARY, poultry include domestic fowl such as Therefore poultry business refers to a business which involve the raising of domesticated fowl such as chicken, turkeys ,ducks and geese for economical purpose. It is a business enterprise where domestic fowls are raise in order to generate profit.

    Starting a poultry business does not necessarily requires educational knowledge, financial capacity or to be an expert in agricultural science. What is required is the interest in the business, discipline and dedication. Before a person can proceed in starting a poultry business there are certain things have to consider in order to start the business.

    In order to have an organize structure for an effective and productive poultry business, such a person need to have a drafted business plan. The plan will include:

    1. WHAT TYPE OF DOMESTIC BIRD TO INVEST ON:
      A person can choose to invest and concentrate on chicken or turkey or geese or ducks. However a good and profit –oriented businessman will have to consider its customers and what their interest are. In Nigeria, most people consume chicken compared to other domestic fowl. In choosing chicken, one will have to choose whether it is a layer or boiler.

    2. WHICH OF THE NICH IN POULTRY FARMING SHOULD TO INVEST UPON: In poultry farming there are different Niches a person can invest on. They include LAYERS BREEDING, BROILERS BREEDING, HATCHERY, and POULTRY FEED. It is important to choose one or two maximum for the purpose of concentration and professionalism.
      Layers breeding is raising egg laying poultry birds for the purpose of commercial egg production.
      Broilers breeding means the production for the purpose of chicken meat.
      Hatchery means breeding chicken for the purpose of hatching new ones.
      Poultry feed means food for farm poultry including chickens, ducks, geese and other domestic birds.

    3. LOCATION FOR THE POULTRY FARM:
      It is more preferable to locate the poultry farm in at the rural location than urban area considering the cost of land and availability of lands and also cost manpower. The rural area is also preferable considering Government policy which prohibit setting up poultry farm close to residential area for health implication.

    4. CAPITAL:
      The bigger one plan to start, the bigger the capital for investment. A person can most prefer seek for a short loan especially when venturing into Broiler breeding or layers bleeding, considering the low capital rate required. Also one has to consider the amount for the land in which to set up the poultry.
      Where the business plan has been put into order, the next step is to set up the farm once there is capital. It include:
      *Purchase a land
      *Build the structure
      *Buy most preferably a day old chicks
      *Buy feeders and drinkers
      *Buy a waste disposal system, an incubator and a heater or brooder.

    There are many factors in poultry business which makes it more profitable and with less much risk involvement. One of such factor that make poultry business a lucrative one is that one can regain his investment within a short time. For example chicken when laid grow fast and lay large numbers of eggs. The chickens can be ready for sale within 28 weeks (that is seven-7 months) from its birth compared to Goat another livestock that will take 2 or 3 years to mature for sale. Research shows that an average healthy layer can lay almost every day or at about 4 times in a week.

    Also the chicken when ready for sale sell within the range of #1500-#2000 per one in Nigeria. Therefore a person can earn at about #20 million or more for about 15,000 chickens. Thus such business is advisable to a person who want get a short term loan and be able to pay back and have profit to still make profit and make another investment.

    Also the egg produced can also be another means of getting income apart from selling the chicken or turkey. A crate of egg is about #650 per one, therefore if a person have like 200 layers which produce 10,000 pullet in a month, one can make about #200,000 per month.

    In conclusion, in the period of recession that the Nigeria economy is going through there is need for a business with quick profit generation and with less risk .As the saying goes “ no matter how hard the economy is man must eat”, as the festive period draw near,poulty business is certain profitable

    posted in Agriculture read more
  • M
    Monnyholuwa

    The Agricultural sector form the largest industry in Nigeria and employs about 70%of the Nigeria populace. It is form of generating income for the Nation as it contribute about 35%of the Nation’s Gross Domestic Product (GDP). It also provide for food the populace, provide for raw materials for the manufacturing sector. Thus the agricultural sector play a significant role in the Nigeria economy. Nigeria has area of 98.5m hectares of Land space. Currently at about 36m hectares are under use for agricultural purpose. Therefore considering the vast portion of land, there are opportunities for agricultural practices in Nigeria.

    Crop production, alongside animal husbandry, are important aspect of Agriculture, It can either be at a substantial scale or at a large scale for commercial purpose. It is substantial if it is for the farmer and his family with little for sale. Where it is for commercial purpose, it is when the farming is for large portion and basically for sale. Thus irrespective of the mode, whether substantial or commercial, the knowledge of fertilizer and the soil’s nature is important as it determine the farmers output.
    The production of fertilizer is important in the agricultural sector as the makes the production of food and availability of raw material possible .The land for the purpose of agricultural practice has need for soil improvement and soil amendment and this is done by fertilization process.

    Fertilizer is any organic or inorganic material of natural or synthetic origin (other than liming material) that is added to soil to supply one or more plant nutrients essential to the growth of plants. Fertilizer is a core requirement which the farmer has come to depend on for productive and increment of yield aside other factors such as quality of seed.

    There are different types of fertilizer. There are organic fertilizer (such as cow manure, bat guano, bone meal, and organic compost and green manure crop) and also chemical fertilizer which are referred to s inorganic fertilizer which is made up with different formulations to suit variety of specified use. The most popular type of fertilizer in Nigeria is the in-organic type in different NPK composition.N.P.K means Nitrogen, Phosphorus and Potassium.

    Organic fertilizer are those fertilizers derived from human excreta, animal and plant matter such as compost and manure. One advantage of organic fertilizer is that it is easier to make by composting to meet immediate use. Also where an organic fertilizer is added in excess, it does no harm or burn plants. Also organic fertilizer is renewable, sustainable and environment friendly. Also when applied on the farmland, it has a lasting impact on the farmlands.

    However one of the disadvantage of organic fertilizer is that it have lower nutrient concentration than inorganic fertilizer. Also impart of the organic fertilizer is not immediately seen as it break down according to nature’s rule.

    The inorganic fertilizer are synthetic fertilizers that are produced from chemical material with defined proportion of desired chemicals that are beneficial to the crops. This form of fertilizer is of great advantage to farmers especially those involved in commercial farming. One advantage of inorganic fertilizer is that once it is applied on the farmland, impart is seen almost immediately within few days.Also they are inexpensive. Also they are highly analyzed to produce the exact ratio of the nutrient desired.

    There are disadvantage of inorganic fertilizer and one of such is if they are excessively applied, they can harm the crops. Chemical Fertilizer tend to leach or filter away from the plants, requiring additional application. Also when the chemicals are use over a long period of time, it change the soil PH (that is Pondus de hydronium) and also affect beneficial microbial ecosystem and increase the activities of pest on the farmlands.
    The major raw materials for fertilizer production include: Ammonia gas, Phosphoric acid, Potash, phosphate powder, calcium carbonate, clay and fillers. All these materials are available in Nigeria.

    The fertilizer industry is a very large and complicate industry. The Market for fertilizer in Nigeria is second only to petroleum products. About 75% of the population (that is about 105 million people) are engaging in either small, medium or large scale farming or other agro¬ related business.t is important to note that over 80% of all the fertilizer consumed in the country is imported.

    The demand for fertilizer has been affected by the shift of focus from Agriculture to petroleum. Prior to the discovery of crude oil in a commercial quantity (which is otherwise known as Black Gold), Agriculture in Nigeria was at the frontier as the country chief source of generating income. Since the relegation of Agriculture, agriculture has been practiced most especially by stakeholders at a substantial level.

    posted in Agriculture read more
  • M
    Monnyholuwa

    Yam is a common food in Africa,Asia and South America.it is a common name for some specie of crop of the Genus Dioscrorea and belong to the family of Dioscoreaceae.They are perennial plants.They are monocotyledon(that is a plant with one embryonic seed leaf).They are rich in carbohydrate.
    Some varieties of sweet potatoes are called yams as they flowering plants.However it does not belong to the family of Dioscoreaceae but belong to the family called Convoivulaceae.
    There are different cultivars of yams which are popular in Nigeria.They include

    1. White yam - Diocorea Rotundata
    2. Water yam - Diocerea Glata
    3. Aerial yam - Diocerea Buldbifera
      4.yellow yam -Diocorea Cayenesis
    4. Bitter Yam - Diocorea Dumentorium
      THE CLIMATE REQUIREMENT
      For yam ,it require the temperature of 25 degree C-30 degree C.The rainfall is between 100cm to 180 cm per annum,abundant sunshine and a well drained sandy -loamy soil which is rich in humus.
      PLANTING DATES:
      There are two planting season for yam in Nigeria.The early yam is planted between November and December while the Late yam is planted between March and April.
      PLANTING PROCEDURE:
      The farmland is prepared by clearing the farmland.Heaps,ridges and mound are made.This can be done either manually with the use of hoe or through ploughing ,harrowing and ridging mechanically .
      An opening is done on the heap or mound and a whole seed tubers(that is Yam sett)or a tuber portion (that is yam mini sett) are planted inside the mound or heap.The determining factors for a great crop yield are :
    • How and where the setts are planted
    • The sizes of the mound or heaps
    • The yam species
    • The inter-plant spacing
    • The tuber size desired at harvest.
      Preferably ,the yam is inserted with the cut surface turned upward and slantly placed a an angle of 45 before covering it with soil.The cut yam sett should be dried and dusted with chemical such as Aldrin dust before planting in order to prevent rotting and pest attack of the sett.
      SPACING:
      The spacing for yam sett is 90cm by 100cm while yam mini sett is 25cm by 100cm.
      SPROUTING:
      The sprouting occurs between 4 to 7 weeks after planting.
      CULTURAL PRACTICES:
      The heaps or mound should be covered with dry leaves to reduce soil temperature ,conserve soil moisture and prevent rotting .proper and regular weeding should be done to control pest and reduce weed competing with the crop for nutrient.Apply 200kg -250kg of N.K.P fertilizer .The yam should be staked with strong stick or bamboo
      HARVESTING:
      Yams are typically harvested in Nigeria by hand using sticks,spades or digger.Yam harvesting is tedious,labor intensive and physically demanding.Caution need be take so as not to damage the tubers when harvesting.

    posted in Agriculture read more
  • M
    Monnyholuwa

    Bush fallowing is an agricultural practice where a piece of land is allow to "fallow" that is left alone without any agricultural activities carried out on it for a particular period of time in order to recover its nutrient naturally.

    posted in Agriculture read more
  • M
    Monnyholuwa

    Ecosystem is the interaction between living organisms and non-living Organisms in a given habitat.It is also the relationship and co-habituating of living Organisms and non -organisms in an environment and how they survival together.

    posted in Agriculture read more
  • M
    Monnyholuwa

    The word "Aquaculture" is coined from the Greek word "oikos" which means home or habitat. It is the study of the relationship between organisms and its environment. It is the study of the relation of organisms with one another and their various interaction with the environment in which they live.

    posted in Agriculture read more
  • M
    Monnyholuwa

    @ruthdemuren06 Art has a voice which is expressed with pencil and paper.it is appreciable with the eyes for artwork lovers.

    posted in Art & Culture read more
  • M
    Monnyholuwa

    0_1546720255437_law-balances-mini.png
    There are times when parties enter into a business transaction and when its time for enforcement of obligations under the contract parties would realise that there are certain misconception about the terms of the agreement.This can be in form of mistake.Mistake ,in contractual agreement ,is a belief that a fact exists whereas such fact does not exist.

    The basic question raised by the subject of mistake is if one or both parties enter a contract under some misunderstanding will they be allow to set aside the contract aside on the ground that if they had known the true fact they would have not entered into the contract.The legal effect of Mistake in any contractual agreement is that the contract would be void and not enforceable and thus parties owes no obligation to be enforce by the court.

    Mistake can be divided into two(2) with both having its own legal effect.Mistake can be either mistake of fact or mistake of Law.mistake of law is where one of the parties to the agreement is mistaken as to the application of the contract law.while mistake as to fact is where one of the parties or both is mistaken as regards to the terms of the agreement.it can be on the subject matter of the contract or currency for payment.it is important to note that as regards mistake as to Law,ignorance of the law is not an excuse.

    Also,the general rule is that mistake as to the quality of the subject matter will not constitute mistake. For instance if Mr A bought a car on the belief that it is capable for going on long trip,in the absence of representation,Mr A cannot claim mistake,therefore not entitle to remedy.However for every rule there is an exception, where it is an express term on the contract as regards the quality,the innocent party
    Mistake can be broadly divided into
    1.Unilateral mistake
    2.Mutual mistake
    3.Common mistake

    Common mistake
    Under Common mistake ,both parties enter into the contract under the same mistake about the facts which formed the basis of the contract.it can be divided into
    *Res extinta:it is where both parties believe the subject matter of the contract exist whereas such subject matter does not exist.In COURTURIER V.HASTIES,the subject matter was already sold at the port before before it got to Mr A who has already agreed with Mr B to sell the goods to him.The court held that there is mistake and therefore there is no contract.Also in BARROW ,LANE V. PHILIPS,the subject matter was 700 bags of Nuts unknown to the parties,there was only 541 bags in existence.The court held that the contract is void and unenforceable.
    *Res sua:this is where the seller believe he has title of the subject matter whereas the buyer is the real owner of the subject matter.In COOPER V.PHIBBS,a contract to sell a fishery to Mr B who unknown to both parties already belong to Mr B.

    Mutual mistake:
    This is where what the offer or offered is fundamentally different from what the offeree accepted. There is no consensus ad idem that is no meeting of mind.In such situation ,there is no correspondence between the offer and acceptanceacceptance.The mistake must be fundamental as to result to a complete difference in substance between what the mistaken party want and get.
    It is important to note that when the terms of the offer and acceptance is ambiguous, the court will set the contract aside on the ground of mistake.In WOOD V. SCARTH,the defendant offer a lease to the plaintiff for 60 pounds but did not inform of the extra 500 pounds as a premium he intend to include.The plaintiff thought his obligation is limited to 63 pounds.The court held that there is no mistake using a reasonable man test.

    Unilateral mistake:
    This is where only one party is mistaken or is presumed to have made mistake as to the fact.Generally, unilaterally mistake does not make the contract void.This is based on the common law rule CAVEAT EMPTOR which mean Buyer beware.

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    Monnyholuwa

    Copyright is a protection provided by Law on a copyrighted work in order to prevent such work from be exploited without the proper consent of the owner/author is been obtained. It aim at preventing the use of a copyrighted work for commercial purpose without the approval of the owner of the copyrighted work.

    There are different justification and rationale for copyright protection. The basis of copyright protection is that no Man must be able to appropriate the result of another Man efforts. It is to ensure that those who create knowledge should be adequately rewarded especially economically. Adequate rewards not only serve to encourage the creator to be productive but also encourage and motivate others to be creative. Thus copyright Law is able to achieve the advancement of knowledge, promote learning ,growth and development of culture and civilization.
    Furthermore ,copyright is beneficial to the Nation. It yield Tax for the Government and encourage sponsor to invest. It also offers employment.

    The modern Copyright protection in Nigeria is a product of colonialism. Prior to this, there was existing a traditional copyright system Which is to protect intellectual works.For example amongst the Yoruba,there is "IJUBA" which means recognition, recourse or appreciation. The various traditional music, Art, oriki, poems, cultural dance are given IJUBA which is to acknowledge the owners. The problem with the traditional copyright system is that they are generally unwritten as they are,in most times,in oral form. This nature of the traditional copyright system made it look inferior to the English copyright system upon the advert of colonialism.

    The modern copyright system in Nigeria stemmed from the received English Law. In England,the crown provide mechanism for controlling the printing and circulation of intellectual works through statutes and granting of Licenses. There was the 1483 Act which was enacted to control the hoarding and retail sale of books written by foreigners. The 1533 Act was enacted to prohibit the importation of band books and their sales .

    The first true copyright statute in England is the STATUTE OF ANNE Which was enacted in 1710.Prior to this statute,there was no photocopying machine to reproduce works which will be available for people as the works are reproduced by handy slaves who recopy the works. JOHANN GUTTER BURG produced what look like the modern day photocopying machine.Through this machine,works are reproduced easily and fast. With this invention, there was need to protect copyrighted work from been reproduced without the consent of the work.

    It is important to note that all these statutes (1483 Act,1533 Act,1662 Act)are not intended to protect or benefit the authors but rather to ensure the non publication of offensive materials and enrich the crown.The 1662 Act provide that "many evil disposed persons have been discourage to print and sell seditious,schismatic,blasphemous and treasonable books,pamphlet and papers". The evil disposed persons referred to are those who through writing criticize the church and the Government. These Acts were to suppress the publications and circulation of the so-called treasonable, seditious pamphlet, paper which opened the eye of the people to the unacceptable activities of the Government.

    The crown also use the granting of License to restrict the publication and circulation of intellectual works. This license is given to a stationery company who are also known as publisher.The stationer buys manuscript from the authors ,register it in the stationer 'register,print,sell and circulate them. The stationers pays the authors stipends and enjoys the whole benefits derivable from the intellectual works. The 1662 Act also provide that no private persons must at no time print or cause to be printed any book or pamphlet unless it has been entered into the register of the company of stationer in London and has first been licensed and authorized to be printed. The stationer company dated from 1403 and started as a Craft gurld.

    It was made a company by KING HENRY VIII and granted a license in 1557.

    The statute of Anne (1710) gives the owner of the copyrighted work 14years to enjoy copyright over his works.

    There were other statutes after the Statute of Anne.There was the 1814 Act which allow the copyright owner to enjoy his work for 28 years from the day of publication.There was also the 1842 Act which extend the duration a author can enjoy copyright over his work.It gives the author His lifetime to enjoy his work plus 7years after His death.

    All these Statutes were brought together under the 1911 Act. The protection due to a copyright owner was increased for the lifetime of the author plural 50 years.This Act was extended into Nigeria legal system.It was applicable to the Southern and Northern protectorate by virtue of An Order in council in 1912.

    This Act was applicable until 1970 when Nigeria had her first indigenous statute on copyright. This repel the application of the copyright Act of 1911 in Nigeria.The 1970 Act was severally criticized by individuals and organizations who has become aware of their rights. As a result of this agitation, a drafting committee in 1987 was setup on the reform of copyright laws. The committee came up with a draft Which became the copyright Act of 1988.There was amendment on the copyright Law through Decree of 1999 No 42 and 1992.

    The present copyright Act is the copyright Act of 2002.The Act provide that a copyright owner has the privilege of enjoying his work through out his lifetime plus 70 years after His death. This will allow the family of the copyright owner to enjoy every benefits derived from the copyrighted work.

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    Monnyholuwa

    @Fola2304 Crop rotation is an agricultural practice whereby different types of crop are grown on a piece of land in a definite order in order to avoid the soil from depreciating and also control the activities of pests and weeds.It is also a system of farming where there is growing of sequence of different crops on the same land as it increase soil fertility and put a check on pests and diseases.

    posted in Agriculture read more
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    Monnyholuwa

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    The Sheriff and Civil process Act provide the rules for the services of writ of court where the defendant is not within the court 's territory of a component state of the federation. It also provide the basis a court of component state can assume jurisdiction over a defendant who is not present within it's territory or jurisdiction.

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    Monnyholuwa

    Nigeria operate a federal system of Government which consists of the federal, state and local Government.
    Section 7(1) of the 1999 constitution provides that "the system of Local Government by democratically elected Local Government council is under this constitution guaranteed ".This means that the constitution recognise the Local Government as a separate entity from other arms of Government. The Law recognize that democratically conducted election is guaranteed, Thus any other form of selection or appointment made by the State Government or any other authority in it's capacity or appointment into the Local Government outside electoral process is contrary to the constitution.

    Pursuant to Section 1(1)(3) of the 1999 Constitution, it provide that the Constitution is Supreme and any Law that is inconsistent with the provisions of the constitution is void and unenforceable.
    In AKAN . v. A.G AKWA IBOM, the Governor dissolved the Local Government and constitute a caretakers committee in it's place. The court held that such dissolution of the Local Government and appointment of Caretakers was unconstitutional as the Local Government is a separate entity from other arms of Government. The same position was followed in BALOGUN V.A.G LAGOS STATE.

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    Monnyholuwa

    As the Country is faced with Recession ,the income generated by Government is on a low side.One factor that contribute to the economy situation in Nigeria is the fall of Crude Oil prices at the international market.

    The Federal Government has less income to carry out it's various objectives for the Citizens. Also the level of Unemployment in the country is on the High side. There is need for another source of the various states to generated revenue internally and at the Same time create employment for the Citizens. Focus has now moved back to Agriculture which was the Nation initial source of generating revenue before discovery of Crude oil at commercial volume.

    The Lagos State under the Leadership of Akinwunmi Ambode and Kebbi state under Alhaji Atiku Bagudu had a collaboration to restore Agricultural practice in Nigeria so as to generate income. and also meet the needs of their individual states.This collaboration lead to the growing of LAKE rice.

    The idea of growing rice in Nigeria came about in March 2016.

    Kebbi state was to provide the conducive environment for the growing of Rice while Lagos state,based in it's population, provide a marketing environment for the Rice upon production.
    LAKE rice is an acronym for LAGOS-KEBBI rice.The idea came into reality in 15th December 2016 when the first set of Rice was released to the general populace in Lagos to buy ahead of the the Christmas and New year celebration.

    The LAKE rice certain at different package.
    50Kg cost #12,000
    25kg cost #6000
    10kg cost #2500.

    A person is allowed to purchase just a bag and this is so as to ensure the rice circulate to every interested person. In order to purchase the LAKE rice,payment is made to designated Banks or via Point of Service (POS) at the purchasing Centers.

    The Special adviser to the Lagos state Governor on food Security, Mr SAnni Okanlawan, said Sales of the Rice would be made available at the 57 local Government area and Local Council Development Areas of the state in order to ensure proper distribution.

    This idea by both states is a commendable one as it provide for employment for the citizenry.It also lead to High agricultural production and sufficiency.It reduce the reliance on imported rice and This has lead the Cost of Imported Rice to drop from #20,000 to #18,000.Also the Rice are available at subsidies prices .

    A trader said the bag contained a complete derica compared to the imported ones which most times are not complete.The concept Help boost the Nigeria economy.

    posted in Goods and Services read more
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    Monnyholuwa

    The basis of copyright protection is to confer on the owner of the copyrighted work certain financial compensation or reward for his labour and intellectual contribution to the field of knowledge alongside confer moral right on such owner.

    Pursuant to Section 11 of the Copyright Act,copyright is transmissible like tangible or movable property.Copyright work can be transferred, assigned and licensed to another person.Thus transfer or assignment or licensing is allowed under the Nigeria copyright Law.
    Section 10 of the Copyright Act provide that Copyright shall be initially vested on the Author of the work.Generally, the author of the copyrighted work is the person who created the work. An author is the person who put the ideas of the copyrighted work in a expressive form. Thus he is entitled to both the financial reward and the moral reward(that is recognition of been the owner and author of the work).

    The question is that is the owner of a copyrighted work necessarily the author of the work. In DONOGHUE V. ALLIED NEWSPAPER, the court defined an author as a person who create the work or made the production of the work possible. He is the person who originate the prosecutable element of the work or the person who is responsible for the creation,selection or gathering together the detailed concepts, data or emotion which are found in the work.He is often but not necessarily a human being.

    The owner of a copyrighted work, on the other hand ,is the person, whether human or Juristic ,on whom the right to exercise copyright control is vested upon.

    There are circumstances where an author of a copyrighted work would not be the owner of the copyrighted work.One of such circumstances is when an employee create a work during the course of employment, the authorship lies with the employee but the employer is the owner of the copyrighted work. This is based on the rationale that the employer take d risk of financing the work therefore the benefit should be given to him.

    Also when a work is commissioned to a person,the one who commissioned the work to another becomes the owner while the person who is commissioned is the author.Commissioning involved ordering a work to be done and an obligation to pay for the work done. This was considered in APPLE CORP.LTD V.COOPER.

    Even where the author assigned or licence a copyrighted work ,he still remains the author of the work.The person he license or assigned the work to becomes the owner of the work.The question of Authorship is a question of Law and fact.It is predetermined by Law and the parties involved may not by agreement shift the authorship. It is important to note that the moral value/benefit /right is retain by the author while the financial right lies with the owner of the copyrighted work.

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    Monnyholuwa

    Egusi is a dish which is mostly common among the Yorubas and the Igbos. It is eaten with different dishes such as Eba, pounded yam (iyan ),wheat, rice and so on.There are different method of preparing Egusi soup. One of such process is this.
    ingredient
    *Red Oil
    *Egusi
    *Meat,Fish, dried crayfish

    *Onion
    *Locust beans (iru )
    *pepper(rodo )
    *Bitter leaf or Ugwu
    procedure
    Pour the red oil into a clean pot and heat for two (2) minutes.Blend pepper (rodo ) with Onions.put locust beans (iru) inside the heated oil.pour the grinded pepper inside the heated red oil.Add salt and Maggi to taste.Add crayfish,meat,fish.
    Put the Egusi in a clean bowl and add small quantity of water. Make sure the Egusi mixture is thick.Add the Egusi paste into the pepper sause and cover the pot for 10 minutes.
    Put the bitter leaf or Ugwu into a plate and add a pinch of salt to ensure the Bitterleaf is properly washed.put the Ugwu into the egusi sauce and cover.Leave for atleast 10 minutes.
    Then serve with most preferably pounded yam or fufu.

    posted in Food read more