A deed is usually any written legal document that transfers, affirms, or confirms the interest, rights, property etc .A valid deed requires that the, the original owner of the land conveys his interest to the guarantor , the recipient of the title. Historically, all lands belong to the indigenous families dwelling on such lands . But the Land Use Act enacted in1978 vested all urban land within a state in the state governor to hold, on behalf of the people and as such the governor is therefore responsible for allocation of the land in all urban areas to individuals resident in the state or organizations.
There are quite a good number of deeds operational in nigeria , some of which are ; deed of conveyance,deed of assignment, deed of gift, deed of mortgage etc. In this write up ,I will concentrate on the deed of conveyance and deed of assignment. A deed of conveyance is a written instrument through which title in property is passed on from the owner of the property to the buyer. There are important things to note about a deed of conveyance;
1. The seller is required to certify that the property is free of any legal encumbrance
2. If a loan is taken against the property in question, the mortgage must be cleared before the deed is signed.
3. The conveyance deed should state the exact date which the property will be handed over to the buyer.
4. Upon execution of the deed, all original documents related to the property need to be registered.
5. The deed is required to be signed by at least two witnesses.
A deed of assignment is one of the very important land documents to acquire if ownership of land is to be authentic. Also the deed of assignment for land has to be recorded in the land registry to show legal proof and bring to the notice of everyone that the property has been transfered from the seller to the buyer. The significant difference between a deed of conveyance and deed of assignment is that a deed of conveyance can transfer the legal title of property’s ownership from one individual to another in the form of a mortgage , gift or other real estate transaction while a deed of assignment is primarily based on transferring ownership through sales from one person to another. It is also used to assign a right of occupancy in land in accordance with section 4 of statute of fraud, which provides that every transaction relating to land must be made by deeds. A deed of conveyance is primarily the preliminary document that transfers previously unregistered or undocumented title of a buyer. However unregistered land can still be registered by the owner of a deemed right of occupancy where the owner so applies, either to the local or state government subject to location.
A deed of conveyance makes a title registrable, upon payment of stamp duties and application for consent or certification. When it is registered the title is certified and labelled certificate of occupancy for a term of 99years . In order to transfer a title under C of O a deed of assignment is utilized to transfer the unexpired residue of the term granted under the C of O. Indeed a deed of assignment grants exclusive title to the buyer.
By: Nkechi Bright-Ewere
Court Fines Police, Others N20m Over Human Rights Abuses
A Port Harcourt High Court in Rivers State presided over by Justice Chinwendu Nwogu has slammed the sum of #20 million against the Inspector General of Police ,Cp Akika Augustine Ayasi and one chief Jasper F.Jumbo over breached of fundamental human rights .
The court also ordered 10% post judgement interest per annum on the judgement sum until final liquidation by the Respondents”
The further restrained the IGP , the police and Chief Jasper Jumbo ,their agents, servants ,privies and successors whosoever and in howsoever manner acting on his behalf or any member of his Jumbo major House from petitioning /reporting the applicant to the 1st and 2nd respondents or the Nigeria police force or to whosoever an in howsoever manner for the purpose of invitation, arrest, intimidation ,detaining ,harassment ,persecuting of the applicant respondent, Emmanuel Asido Esq to answer for the allegations levelled against I.E.Nwosu,SAN ,after his demise in connection with the personal agreement between l.E.Nwosu SAN ,and Jumbo Major House for the recovery of rent /compensation for Jumbo Major House from Shell petroleum Development Company of Nigeria limited by late L.E.Nwosu SAN ,in suit No .PHC/1966/2007 in Dagogo William Brown & ORS Vs the Government of Rivers State and ANOR.
The trial judge, Justice Chinwendu Nwogu made these declarative orders while ruling on a suit brought before the court by the Applicant/Respondent, Emmanuel Asido, Esq against the Inspector General of Police, CP Akika Augustine Ayasi who are the Respondents and Chief Jasper f.Jumbo ,Respondent/Applicant bordering on fundamental Rights and it’s enforcement with a suit No.PHC/311/FHR/2023.
The case of a fundamental rights action commenced by the notice of application for order enforcing a fundamental right with the accompanying processes was filed on 8.2.2023 ,wherein the Applicant seeks against the respondents jointly severally among others ,that the court due declare that the Applicant as a Nigerian citizen is entitled to enjoy his fundamental human right to freedom of movement and personal liberty as enshrined under section 35(1) and 41of the Constitution of the Federal Republic of Nigeria 1999 as (amended) without threat ,intimidation and harassment by the 1st and 2nd respondents on the unwarranted instigation by the 3rd respondent.
He sought a declaration was to the effect that” the statutory duties of the 1st and 2nd respondents, their agents, servants, officers or otherwise, do not cover or extend to intervention in civil matters, especially debt recovery and, therefore, are not entitled to invite, arrest or detain the Applicant on the unwarranted instigation of the 3rd Respondent(Chief Prof. Jasper F. Jumbo) to answer for the allegations against late L .E. Nwosu, SAN, and Jumbo Major House for the recovery of rent/ compensation for Jumbo Major House from Shell Petroleum Development Company of Nigeria Ltd by late L.E. Nwosu, SAN, in Suit No.PHC/1956/2007 – Dagogo William Brown & ORS V. The Government of Rivers State of Nigeria ANOR”
He prayed court to award the sum of #50,000,000.00(fifty million naira) in his favour being and representing the cost of damages for the threat, harassment, intimidation of the Applicant by the 1st and 2nd Respondents on the unwarranted instigation by the 3rd Respondent to answer for the allegations against L .E. Nwosu, SAN, and Jumbo Major House from Shell Petroleum Development Company Nig Ltd by late L .E. Nwosu, SAN, in Suit No.PHC/1956/2007- Dagogo William Brown & ORS V. The Government of Rivers State of Nigeria ANOR”, in addition to the sum of #5,000,000.00(five million naira) as cost of litigation.
Delivering his judgement on the suit, the trial judge, justice Chinwendu Nwogu held that the Respondents have breached the fundamental Right of the Applicant and accordingly, the Applicant was entitled to compensation by way of award of damages in the sum and resolved all the issues raised by the Applicant in his favour “the application has merit and therefore succeeds”
“The sum of #20.0000,000,00 (twenty million Naira), against the Respondents jointly and or severally being and representing damages for the threat ,harassment and intimidation of the Applicant by the 1st and 2nd Respondents on the unwarranted instigation by the 3rd Respondent to answer for the allegation levelled against L.E Nwosu, SAN ,after his demise in connection with a personal agreement between L.E.Nwosu ,SAN ,and Jumbo Major House from Shell petroleum Development Company of Nigeria limited by late L.E.Nwosu, SAN ,in suit NO:PHC/1956/2007_Dagogo William Brown & ORS V Government OF Rivers State of Nigeria .10% post judgement interest per annum on the judgement sum until final liquidation by the Respondents”
By: Akujobi Amadi
Choba Stakeholders Applaud New Area Commander
Stakeholders across Choba Police Area Command have applauded the arrival of a refined police officer as Area Commander
The stakeholders ranging from Community Development Committees, Traditional Institution, youth bodies, Women and local vigilante described the new Area Commander as square peg in a square hole.
Recall recently ACP Dauda Umoru replaced ACP Stephen Akinyere as Choba Area Commander; a move which many stakeholders within the neighborhood said was apt.
The stakeholders thanked the police higher authorities for often posting officers with high repute and competency to the Area Command
They declared preparedness to give him necessary support to accomplish desired objective.
Describing Choba as a special command that requires an officer with high sense of professionalism and wealth of experience like ACP Daura, they urged him to sustain the existing peace.
They said in his arrival he had taken some wise steps culminating in the overall interest of the residents of Choba Area Command.
“ACP Daura has proved to us his capacity and efficiency on the management of human interest as it has to do with securing lives and property
“Choba being a densely populated environment with reputable higher institutions can attest his competency in the job”, they noted.
Armed Robbers Shoot Dead 30-Year-Old Man
A30-year-old Nigerian, who hailed from Awo Ommamma in Oru East Local Government Area of Imo State, was shot three times in his chest by armed robbers at the World Bank junction roundabout in Owerri, the state capital.
The father of two was said to be withdrawing money from a Point Of Sale operator when his killers struck.
His immediate elder brother, Shedrack who spoke to newsmen in Owerri, on Monday, after the police operatives released the mortuary tally to him and gave him the clean bill of health to bury him, said that his family was traumatised by the killing of his younger brother.
The distraught 32-year -old said that the armed robbers who robbed the POS operator killed his brother after accusing him of calling policemen to storm the scene.
He said that all the appeals his brother made to the armed robbers that he was not calling policemen fell on deaf ears as they shot him dead on the spot.
The businessman said that his brother was pronounced dead at the Umuguma Specialists General Hospital where policemen took him.
He said, “My name is Shedrack Anulika Chukwumerem. My younger brother’s name is Wisdom Somtochukwu Chukwumerem. He returned from abroad about three years ago. He had a house at World Bank Area N and I was living with him in his house when I was driving a commercial service bus known as Bus Imo.
“But I relocated back to the village to start up a business. We are from Umuduru Isieke in Awo-omamma in the Oru East Local Government Area of Imo State. At about 8pm on 10th August 2023, I received a distress call from his wife that my brother was shot by armed robbers
“So I drove straight to Owerri that same night and I was directed by the Policemen there to come to the Imo State Specialist Hospital and when I got there I saw my brother’s lifeless body and policemen were present there.
He was married with two kids, all girls. He would have been 30 years on November 27. He ought to be travelling back to the UK by the first week of September before he was shot dead. So, the policemen told me that there was an armed robbery attack at the Umuguma roundabout at a POS stand and my brother was there to withdraw money eventually he was shot because they noticed he was on call and the robbers thought that he was trying to call the police against them.
“And he was shot in the left side of his chest. So I deposited his body at the morgue that same night. The policemen took the tally and told me to report the next day. He was my immediate younger brother. I’m 32 years old. He would have been 30 on 27 November.
“Now I have been compelled by the Police at Umuguma Division to open a case file and I told them that I don’t want any case and I’m not interested in any case. They told me to open it even if I don’t want any case which I did.
“I went with them to the scene of the incident. It happened between 8 and 8:30 pm precisely. I have gone to the scene of the incident with the policemen and gone to the mortuary. They took pictures which I paid for. They told me to go to court and swear an affidavit which I did.
“The policemen at Umuguma Division transferred the matter to the homicide section of the State CID in Owerri which I did with money all in a bid to release my brother’s corpse for burial,” Shedrack said.
“And I was pushed to contact a lawyer. With the help of the lawyer, I have written an application to the CP for withdrawal of the case. The policemen are with the application which I submitted last week.”
Displaying the mortuary tally to our correspondent on Monday, Shedrack said that the policemen at the homicide section of the state police command had released it to him.
“He said, “After meeting with the IPO in the company of my lawyer this afternoon, the mortuary tally of my brother has been released to me. Look at it. I can now bury him. But I will first take his corpse to a closer mortuary in my town to enable me to plan for his funeral rites easier.
“He was our breadwinner. My widowed mother is depressed. Our father died 20 years ago. His first daughter is three years old while the second daughter is just a year and three months. It is a very bad development for us. We are very saddened.”
When contacted, the spokesperson for the police in the state, Henry Okoye, said that the withdrawal of the case and the family’s request for the police to allow them to bury their son do not in any way affect the investigation process.
He said that the police would continue with their investigation and once the suspects are arrested, they would be arraigned for murder.
“The withdrawal of the matter by the family doesn’t affect the police investigation. We will continue with the investigation. Once the fleeing suspects are caught, they would be arraigned for murder,” Okoye explained.
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