Legal Question in Civil Litigation in Nigeria
On 3rd october 2012 mr johnson usman entered into Top Eleven super market Ltd(owned by the co operative Nigeria law school) located at law school Yola, bought a carton of sugar On his way out of the gate of the supermarket,the security mallam adamu duwan asked him for the purchase receipt for the carton of sugar,he searched his pockets n could not find it and asked the security if he looked like someone who would steal a carton of sugar,he then attempted to walk pass the security man mallam adamu duwan grabbed him and shouted "you thief you've stolen the sugar" the shout drew the attention of other security personnel and customers and mrs mariam okechuckwu to the scene one sophia Was at the super market and witnessed the incident,she is a friend to jossey emanuela tennyson who is mr johnson usman's fiancee. She Was so embarrassed by the event and left the supermarket immediately,meanwhile mr johnson usman sudenly remembered that he kept the recipt in his brest shirt pocket and presented the recipt to the security man,the supervisor of the supermarket appologised for the embarrasment. On gettin home sophia had narrated the whole incident to jossey and. She. Broke up their 2 year old engagement. Mr johnson usman is aggrived and wants to file a suit against the security mallam adamu,the supermarket and possibly the Nigerian law school..
Critically examine, what is the cause of action?
The parties invovled
Means of commencing the action
Steps needed to be taken.. E.g can you settle out of court?
What relif are u seekin from the court
What are Ur laws as far as this senerio is concerned
What are the strenght of the plaintiff and the defendants weaknesses
What document do u tender
What are the ingredents in the scenerio
What court has jurisdiction to hear the the matter
What are defences available to the defendat
1 Answer from Attorneys
22.01.2013
Dear Friend,
I think Jossey Emmanuella Tennyson has no reason to get worked up on a very petty issue like this, jump to conclusions, take an abrupt hasty decision, and seek separation from Johnson Usman on a flimsy ground. Jossey seems to be beginning to find "the grass is greener on the other side of the hedge" and may be wanting to jump there. I say it because Johnson Usman just temporarily lost sight / forgot where he had kept the payment receipt, and not being at fault, showed the Cashier's receipt to the security personnel, who also tendered an apology, and the matter ended there and there. I see merit in Mrs. Mariam Okechukwu meeting Jossey and counselling and pacifying her against her actions. If not resolved, the matter can be put up for independent hearing of all the parties, before the Yola Local Self Government official to arbitrate and give a judgement.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any other on-line advice at [email protected])
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