WHETHER OR NOT

WHETHER ONLY THE FEDERAL HIGH COURT CAN ENTERTAIN SUIT IN RESPECT TO LIFTING OF CORPORATE VEIL?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  Lifting corporate veil: Lifting the corporate veil, also known as piercing the corporate veil, is a legal concept that refers to a situation where a court disregards the separate legal personality of a corporation or limited liability entity. This means that the personal assets of the shareholders are generally protected from the debts and liabilities of the corporation. However, in certain circumstances, a court may decide to ‘lift’ or ‘pierce’ the corporate veil and hold the shareholders personally liable for the obligations of the corporation. This is typically done when it is determined that the corporation is being used to perpetrate fraud, injustice, or to evade legal obligations. By lifting the corporate veil, the court treats the rights, liabilities, or actions of the corporat...

WHETHER THE QUESTION OF JURISTIC PERSONALITY IS A QUESTION OF FACT?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  Juristic personality: refers to the legal recognition of an entity, such as a corporation or organisation, as having its own separate identity and legal rights. It means that the entity is treated as a ‘person’ in the eyes of the law, with the ability to enter into contracts, own property, and be held liable for its actions.  Question of fact: refers to an issue or dispute in a legal case that involves determining what actually happened or exists in reality. It deals with factual circumstances or events that need to be established through evidence, testimony, or documentation. Unlike a question of law, which involves the interpretation or application of legal principles, a question of fact focuses on establishing the truth or existence of specific facts. In legal proceedings, the determination of questions ...

WHETHER AN ARBITRAL PANEL CAN DETERMINE LEGAL QUESTIONS SUCH AS DEFAMATION?   by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  Arbitral panel: also known as an arbitration tribunal or arbitration commission, refers to a group of impartial adjudicators who are selected by the parties involved in a dispute to resolve their conflicts through arbitration.  Legal question: A legal question refers to an issue or problem that arises and has legal implications. It involves matters related to the application, interpretation, or clarification of laws, regulations, or legal principles. These questions may involve determining the rights and obligations of parties, the legality of certain actions, or the interpretation of legal provisions.  ✓ ANSWER:  A claim for defamation arising from libel is considered a common law claim, meaning it falls under the jurisdiction of the legal system. In order to effectively address suc...

WHETHER FAILURE TO SERVE TAX ASSESSMENT NOTICE ON THE TAX PAYER IS AN INFRINGEMENT OF SECTION 36 PER FAIR HEARING?  by Branham Chima.  ✓ DEFINITION(S):  Tax assessment: is a formal communication sent by tax authorities to taxpayers to inform them of the amount of tax they owe based on the assessment of their taxable income. The notice of assessment provides details about the tax calculation, any deductions or exemptions applied, and the deadline for payment. It serves as an official document that establishes the taxpayer’s liability for the assessed tax amount.  ✓ ANSWER:  The need of serving a notice of assessment to the taxpayer as part of the tax payment process, is vital. If a taxpayer is legally indebted to the tax authority for income tax under the personal income tax system, not informing them of the tax assessment would be considered an imposition and an arbitrary act. This failure to provide notice would infringe upon the taxpayer’s civil rights, includ...

WHETHER THE FILING OF TAX ASSESSMENT NOTICE IS A SINE QUA NON FOR ESTABLISHING LIABILITY FOR NON-PAYMENT OF INCOME TAX? by Branham Chima. ✓ DEFINITION(S): Tax assessment notice: is a formal communication sent by tax authorities to taxpayers to inform them of the amount of tax they owe based on the assessment of their taxable income. The notice of assessment provides details about the tax calculation, any deductions or exemptions applied, and the deadline for payment. It serves as an official document that establishes the taxpayer’s liability for the assessed tax amount. Sine qua non: an essential, or indispensable element, condition, or ingredient. Income Tax: refers to a tax imposed on an individual’s or entity’s income by the government. It is typically calculated based on the individual’s taxable income, which is the income after deducting allowable deductions and exemptions. ✓ ANSWER: Yes. The Personal Income Decree is a legislation that requires tax authorities to assess a...

WHETHER A MOTION ON NOTICE, AND NOT A PRELIMINARY OBJECTION, IS TO BE ADOPTED WHEN SOME GROUNDS OF APPEAL ARE CHALLENGED?  by Branham Chima.  ✓ DEFINITION(S):  Preliminary objection: refers to a formal objection raised by a party in a legal proceeding at the early stages of the case. It is typically raised before the trial or hearing begins and aims to challenge the legal sufficiency or validity of certain aspects of the case.  Motion on notice: also known as a notice of motion, is a formal request made by a party to the court, notifying all parties involved in the case about the intention to seek a specific court order or relief. Grounds of appeal: refer to the specific legal reasons presented by an appellant (the party appealing a decision) to challenge the decision of a lower court or tribunal. When filing an appeal, the appellant must identify and articulate the grounds upon which they believe the decision should be overturned or modified.  ✓ ANSWER:  W...

WHETHER A NOTARY PUBLIC CAN ADMINISTER A STATEMENT ON OATH FOR THE PURPOSE OF TRIALS?  ✓ ANSWER:  One of the duties and responsibilities of a Notary Public is regarding the administration of oaths for giving evidence, as outlined in section 2(c) of the Notary Public Act 2023.  Under the above provision of the Notary Public Act 2023, a Notary Public is authorised to administer oaths for the purpose of receiving evidence. This means that when a Notary Public is presented with a situation where an individual needs to provide sworn testimony or make a solemn declaration, they have the legal authority to administer the necessary oaths.  Administering oaths involves ensuring that the individual understands the significance of the oath and the consequences of providing false or misleading information. By administering the oath, the Notary Public is verifying the authenticity and truthfulness of the testimony or declaration being made. This helps to maintain the integrity an...

WHETHER ACTUAL OR CONSTRUCTIVE NOTICE IS IRRELEVANT TO THE DOCTRINE OF LIS PENDENS?  by Branham Chima.  ✓ DEFINITION(S):  Lis pendens: The doctrine of lis pendens, in simple terms, refers to the principle that prevents the transfer of any property that is under dispute while litigation is ongoing. This means that during the pendency of a legal case or litigation, the property cannot be effectively transferred to another party.  Actual notice: Actual notice refers to the direct or personal notification given to a party, informing them of a particular matter or case that could affect their legal rights or interests. It means that the party has received explicit information or communication regarding the matter in question.  Constructive notice: Constructive notice, also known as imputed notice, is a legal concept that assumes a party should have known about a particular fact or matter, even if they did not receive direct or explicit notification.  ✓ ANSWER:...

WHETHER HEARING NOTICE SERVED BY SMS IS GOOD HEARING NOTICE IN LAW? by Branham Chima. ✓ DEFINITION(S): Hearing notice:  a hearing notice refers to a formal notification or communication sent to the parties involved in a legal proceeding to inform them of the date, time, and location of a scheduled hearing or court proceeding. It serves as a means of ensuring that all parties are aware of the upcoming hearing and have an opportunity to prepare and present their case. SMS: SMS stands for Short Message Service. It is a text messaging service that allows the exchange of short text messages between mobile devices, typically using cellular networks. Good in law: The term ‘good in law’ generally refers to something that is legally valid, acceptable, and compliant with the requirements and standards set forth by the law. It means that it meets the legal criteria and is considered valid and legally enforceable. ✓ ANSWER: Yes, hearing notice delivered to party/counsel via SMS is good ...

WHETHER PUBLIC DOCUMENT ATTACHED TO AN AFFIDAVIT NEED BE CERTIFIED? by Branham Chima.  ✓ DEFINITION(S): Public documents: are official records that are maintained by government agencies or public institutions. These documents are created, issued, or kept by a public officer in the course of their official duties. Examples of public documents can include birth certificates, marriage certificates, government reports, court records, and official publications. Affidavit: is a written statement or declaration made voluntarily by an individual, known as the deponent, who swears or affirms that the information provided is true to the best of their knowledge and belief. Affidavits are commonly used as evidence in legal proceedings and can be used to present facts, provide testimony, or support a claim. Certification: refers to the process of verifying or confirming the authenticity, accuracy, or compliance of a document or item. It involves a designated authority or individual attesti...

WHETHER DOCUMENTS KEPT WITH THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) ARE PUBLIC DOCUMENTS?  by Branham Chima.  ✓ DEFINITION(S):  Documents: refer to any material on which information is recorded or stored by any means, including writing, printing, electronic or mechanical recording, or any other form of data storage. This can include papers, letters, contracts, photographs, audio or video recordings, and electronic files.  Public documents: are official records that are maintained by government agencies or public institutions. These documents are created, issued, or kept by a public officer in the course of their official duties. Examples of public documents can include birth certificates, marriage certificates, government reports, court records, and official publications.  ✓ ANSWER:  In simple terms, the Independent National Electoral Commission (INEC) keeps track of everything that registered political parties do, including their important doc...

WHETHER CONFLICTING FACTS CAN BE PLEADED WHERE ALTERNATIVE RELIEFS ARE SOUGHT?  by Branham Chima.  ✓ DEFINITION(S):  • Conflicting facts: refer to contradictory or opposing pieces of information or evidence that are presented. It occurs when different sources, perspectives, or accounts provide inconsistent or conflicting details about a specific matter or issue.  • Pleaded: When a person pleads, they are presenting their case or defense to the court, either admitting or denying the allegations against them. The plea can be made orally or in writing, depending on the jurisdiction and the specific circumstances of the legal proceedings. The term "pleaded" is commonly used to describe the past action of making a plea.  • Alternative reliefs: refer to different forms of remedies or outcomes that a party seeks in a legal proceeding as alternatives to each other. By seeking alternative reliefs, a party acknowledges that there may be multiple ways to address their conc...