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VALIDITY OF FOREIGN MARRIAGES UNDER THE NIGERIAN MARRIAGE ACT

It is not out of place for Nigerians living abroad to meet the love of their lives while in sojourn in another country. It is easy and almost straight-forward if both parties are citizens of Nigeria and have their domicil as Nigeria. The challenge is usually in situations where one of the parties (especially the husband) is not a Nigerian or where the parties desire to contract the marriage in their country of habitation but under the Nigerian Marriage Act or where parties have contracted the marriage under the laws of the jurisdiction of habitation but desire to file for divorce in Nigerian Courts.   The usual practice among Nigerians living abroad has been to invite their spouses to Nigeria in order to perform the marriage processes in a Marriage Registry in Nigeria. However, with the recent restrictions as a result of the global pandemic, questions are being asked whether there are other ways parties who desire to be married under the Marriage Act of Nigeria but who live in fo...
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Effect of Failure to File a Counter-Statement in Trademark Opposition Proceedings in Nigeria.

Trademark registration in Nigeria is a process that is initiated by the applicant filing an application in any of the 45 class(es) under which his goods or services may be registered,. Once the application is accepted by the Registry after an examination has been conducted, an acceptance letter is issued to the applicant and thereafter, the mark is published on a Trademark Journal. The acceptance of the mark by the Registry is not an evidence that the mark will be or has been registered. This article outlines how an applicant may still lose his trademark registration for failure to respond to any opposition by third parties. Under section 20 of the Nigeria’s Trade Mark Act, any person may, within two months from the date of publication of marks in the Trademark Journal, give notice to the Registrar of opposition to the Registration. This notice is required to be given in writing and in a prescribed Manner. The stages in opposition of trademark under the Act are simplified as follows: 1...

MANAGING THE ECONOMIC CONSEQUENCES OF COVID 19: AVAILABLE TAX RELIEFS

INTRODUCTION  Taxation is an integral part of a nation’s economy as it constitutes a major source whereby the government may generate revenue in order to perform its civic duties of paying salaries an providing basic social amenities in the states. However, it is no doubt that the burden of tax placed on citizens is quite enormous considering the various angles from where citizens are expected to regularly remit as tax, a portion of their income from every of their business dealings both directly and indirectly. This article therefore seeks to bring to the fore the available interventions in various tax enactments, legislations and government directives which taxpayers (especially small business owners, start-ups and investors) can leverage upon in order to mitigate the burden of taxes especially in the face of the economic challenges which has accompanied the covid-19 pandemic. SCOPE OF TAXATION The current scope of taxation is relatively wide as taxes are charged on all incomes, ...

THE TRADE MARK REGIMES ON REMOVAL OF MARKS FOR NON-USE.

  THE TRADE MARK REGIMES ON REMOVAL OF MARKS FOR NON-USE. A trade mark (also written as trademark ) is any mark used or proposed to be used in relation to goods and services [1] for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and services and some person having the right either as a proprietor or registered user of the mark, whether with or without the identity of that person [2] . In determining which mark is registrable and which is not, laws of various countries make provisions for the categorization of trademarks. In Nigeria, the Act provides two registers for marks which are either inherently adapted to distinguish, [3] kept in part A of the Register and marks which are capable of distinguishing [4] , kept in part B of the Register, the Act renders non-registrable, deceptive and scandalous matter [5] , a geographical name or surname [6] , identical and resembling trade marks [7] and names of chemical substance. [...

FREQUENTLY ASKED QUESTIONS ABOUT NOTARIZATION OF DOCUMENTS IN NIGERIA

Almost everyday, I receive telephone calls and emails from clients, asking one question or another on Notarization of documents. Many of these callas and emails come from Nigerians who desire to submit applications either to an Embassy or to a university abroad. I understand the anxiety and uneasiness that accompany submission of applications. No one wants to gamble or make any avoidable mistakes. These questions range from where and how to get a genuine Notary Public to how much it costs to notarize a document, the kinds of documents to notarize and what notarization is used for. I have attempted a simple response to fifteen of the most frequently asked questions. I suppose that you may have a question that has not featured in this series. I will be delighted to answer them if you can reach me on the number and email address below. I will also like to read your comment below. 1.     Who is a Notary Public? A Notary public is a legal practitioner appointed by the Chief ...