• The Gravitas Review of Business & Property Law Vol.15 No.2

    The Gravitas Review of Business & Property Law Vol.15 No.2 – Print

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    In this issue of  The Gravitas Review of Business & Property Law Vol.15 No.2, there are well researched articles on:

    • Landlord & Tenant Law
    • Investments & Securities Law
    • Litigation Practice & Procedure
    • Banking Law & Practice
    • Corporate Law & Practice
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  • The Gravitas Review of Business & Property Law Vol.15 No.2

    The Gravitas Review of Business & Property Law Vol.15 No.2 – E-Book

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    In this issue of  The Gravitas Review of Business & Property Law Vol.15 No.2, there are well researched articles on:

    • Landlord & Tenant Law
    • Investments & Securities Law
    • Litigation Practice & Procedure
    • Banking Law & Practice
    • Corporate Law & Practice
    5,000.00
    Add to basket
  • The Gravitas Review of Business & Property Law Vol.15 No.2

    The Gravitas Review of Business & Property Law Vol.15 No.2

    0

    In this issue of  The Gravitas Review of Business & Property Law Vol.15 No.2, there are well researched articles on:

    • Landlord & Tenant Law
    • Investments & Securities Law
    • Litigation Practice & Procedure
    • Banking Law & Practice
    • Corporate Law & Practice
    5,000.00
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  • Irregular Statutory Notices in Recovery of Premises Litigation: An Analysis of the Law and the Changing Judicial Attitude

    Irregular Statutory Notices in Recovery of Premises Litigation: An Analysis of the Law and the Changing Judicial Attitude

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    In their article, Irregular Statutory Notices in Recovery of Premises Litigation: An Analysis of the Law and the Changing Judicial Attitude, Chimizie Onuzulike and Athanasius Akor, bring to our attention the recent developments in the law and practice on recovery of tenanted premises. The current legal framework on recovery of premises in Nigeria is replete with very many impediments that make it very difficult for a landlord to recover his premises from his tenant. The strict requirement of service of valid statutory notices as condition precedent to the institution of any action for recovery of premises almost invariably, lead to lengthy court battles contested primarily on technical objections commonly raised by tenants relating to validity of a statutory notice. The Supreme Court, in the case of Pillars Nigeria Ltd v. William Kojo Desbordes et al. per Ogunwumiju JSC recently made a remark which seems to suggest that once the summons for recovery of possession is filed, every irregularity in a notice to quit is cured and the time begins to run from the date the originating process is served on the tenant. The Court of Appeal recently adopted the remark of Ogunwunmiju JSC in Pillars’ case as the law and held that the irregularity in the service of statutory notices is cured once an action for recovery of premises is filed by the landlord. While this is a progressive approach, the question whether the remark of Ogunwunmiju JSC in Pillars’ case is an obiter dictum or forms part of the ratio in Pillars’ case as to be binding on lower courts needs to be answered to determine the extent to which the law has changed. Onuzulike and Akor review the Pillars’ case, the recent decision of the Court of Appeal and other earlier decisions of the Supreme Court and the Court of Appeal on the subject.

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  • Understanding and Negotiating Protective Clauses in M&A Transactions - Representations & Warranties, Covenants & Indemnities

    Understanding and Negotiating Protective Clauses in M&A Transactions – Representations & Warranties, Covenants & Indemnities

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    Elias Ayobami Quadri, in his article, Understanding and Negotiating Protective Clauses in M&A Transactions – Representations & Warranties, Covenants and Indemnities, discusses the legal effect of representation, warranties, covenants and indemnities in merger and acquisition transactions. In corporate restructurings, a clear understanding of the concepts and the clauses that evidence the intention of the parties are essential to navigating the complexities present therein. Elias looks into corporate restructuring in Nigeria, provides an overview of M&A in Nigeria, noting a clear distinction between mergers and acquisition, highlighting the legal framework of M&A in Nigeria, and providing insight into the various structures adopted in M&A transactions and the agreements used to give effect to the intention of the parties. Elias further emphasizes the existence and importance of protective clauses in M&A transactions and touches on the significance of representations and warranties (R&W), covenants, and indemnities in M&A agreements. Relatedly, Elias offers insights into negotiating these clauses effectively, and provides practical guidance for navigating and negotiating protective clauses in M&A transactions by examining key considerations such as limitation periods, R&W insurance, specific knowledge, and indemnification caps, etc., and its role in allocating risk and mitigating liability.

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  • Digital Technology in Legal Practice: Nigeria in Focus

    Digital Technology in Legal Practice: Nigeria in Focus

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    Dr. A.O. Okesola, in his article, Digital Technology in Legal Practice: Nigeria in Focus, examines the reformation of the Nigeria justice system in the light of the implementation of digital technology, particularly as it pertains to court sittings in Nigeria. Okesola also investigates the legal framework for the use of ICT in the Nigeria justice system. The method adopted is both analytical and critical. Okesola finds that there is partial or non – application of electronics and modern information and communication technologies in our justice system. There is also non – existing comprehensive legal framework for the application of ICT in judicial proceedings. Okesola concludes by recommending among others that the National Information Technology Development Agency (NITDA) should create a policy direction specifically on digital technology implementation by working hand in hand with the National Judicial Institute (NJI) to deploy information technology (IT) for efficient social justice delivery in Nigeria.

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  • Greenmailing as a Takeover Defence Mechanism in the Nigerian Market for Corporate Control

    Greenmailing as a Takeover Defence Mechanism in the Nigerian Market for Corporate Control

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    Samuel A. Dunmade, in his article, Greenmailing as a Takeover Defence Mechanism in the Nigerian Market for Corporate Control, examines the concept and practice of “greenmailing” as a relatively new phenomenon in Nigeria. Put simply, greenmailing is a financial manoeuvre where investors buy enough shares in a target company to threaten a hostile takeover thereby prompting the target company to buy back the shares at a premium to prevent the takeover. Whilst this practice may seem innocuous on its surface, it raises a host of complex economic and ethical questions. It is crucial to evaluate the current understanding and acceptance of greenmailing in Nigeria. Although it has gained little attention to date, the country has experienced a few instances of this practice. Each case has elicited varying reactions, ranging from mild indifference to stringent criticism, a reflection of the lack of consensus on its legality and ethical implications. The incorporation of stringent anti-green mailing provisions in company laws in countries like the United States underscores its potential nefarious implications. Yet, in Nigeria, no regulatory framework is explicitly addressing greenmail. However, as the Nigerian corporate landscape becomes increasingly sophisticated and susceptible to global influences, the frequency and seriousness of greenmailing cases will likely escalate.

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  • Promoting Sustainable Corporate Culture to Attract Socially Responsible Investments in Nigeria

    Promoting Sustainable Corporate Culture to Attract Socially Responsible Investments in Nigeria

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    Yetunde Sarah Ogunremi, in her article, Promoting Sustainable Corporate Culture to Attract Socially Responsible Investments in Nigeria, explores the need for companies to integrate social and environmental concerns in their business operations and stakeholder relations. The move towards business sustainability was as a result of the recognition of the dangers perpetuated by companies to humanity and the environment. Prior to the early 1990s, the focal point of companies was on financial goals and creating the greatest value for a selected few known as the shareholders. It is now expedient for companies to consider the impact of their operations on the people and planet. Sustainable governance promotes accountability and transparency while balancing economic, social and environmental considerations. Companies are significant social players and responsible to all their stakeholders. They have the chance to affect global agendas and the world around them. Nigerian companies must be responsible in their dealings and sustainable in the long term in order to attract foreign investments. Ogunremi examines the move from shareholder profit maximization to stakeholder value and how foreign investments in the country are hindered by failure to use resources of today in ways that promote long term value and benefit to future generations. Ogunremi advocates for a comprehensive framework to regulate business operations in Nigeria.

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  • Legal Issues in Bankers' Duty of Confidentiality in Nigeria

    Legal Issues in Bankers’ Duty of Confidentiality in Nigeria

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    Dr. Kehinde Anifalaje, in his article, Legal Issues in Bankers’ Duty of Confidentiality in Nigeria, examines the common law and statutory duty of confidentiality imposed on the banker in Nigeria and the qualifications thereto. It is argued that disclosures made under compulsion of law, pursuant to specific statutory enactments and regulations that are purposively targeted at combating crime and fraud in the country, as exemplified by the Money Laundering (Prevention and Prohibition) Act 2022, have become the most dominant of the qualifications to the banker’s duty of confidentiality. Anifalaje submits that, though statutes authorising disclosures in defined circumstances are salubrious, the need to appropriately balance this against the legitimate interest and the right to privacy of the customer is also desirable. Anifalaje concludes, inter alia, with the need for banks to duly comply with reporting guidelines as stipulated by the regulatory authorities and at the same time guard against unlawful disclosure of information pertaining to the accounts of the customer in the overall interest of all stakeholders and the stability of the economy.

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  • A Critical Appraisal of Theoretical Frameworks for Regulatory Evaluation

    A Critical Appraisal of Theoretical Frameworks for Regulatory Evaluation

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    Sherrif Abiodun Adesanya, in his article, A Critical Appraisal of Theoretical Frameworks for Regulatory Evaluation, posits the need to have a theoretical basis for the evaluation of existing regulatory frameworks. Adesanya provides a set of criteria for the objective evaluation of these frameworks. Drawing from diverse perspectives on regulation, he identifies Baldwin, Cave, and Lodge’s criteria as a comprehensive theoretical perspective reflecting a summary of the academic views on how to ensure that regulation is ‘good’ for the purpose of legitimising regulatory action. An analysis of justificatory arguments concerning bureaucratic legitimacy underscores the reliance on these criteria. Adesanya analyses these criteria further by examining conflicting views on the underlying principles to see if these criteria hold water under thorough scrutiny and acknowledging practical limitations and challenges in their application. Ultimately, Adesanya advocates for the adoption of four out of five criteria put forth by Baldwin Cave and Lodge namely: Legislative Mandate, Accountability, Due Process and Expertise as a suitable yardstick for regulatory evaluation.

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  • Principles of Corporate Law in Nigeria (2nd Edition)

    Principles of Corporate Law in Nigeria (2nd Edition) – Hardcover

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    The Book Principles of Corporate Law in Nigeria (2nd Edition), by Professor Joseph Abugu, SAN, represents a holistic state of the law and practice of Corporate law in Nigeria, incorporating management issues with foundational matters. The 2nd edition is updated with CAMA 2020, new incorporation requirements, and new provisions on partnerships. It has innovations on Registered Trustees and Company Administration. Recent court decisions have also been updated.

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  • Principles of Corporate Law in Nigeria (2nd Edition)

    Principles of Corporate Law in Nigeria (2nd Edition) – Paperback

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    The Book Principles of Corporate Law in Nigeria (2nd Edition), by Professor Joseph Abugu, SAN, represents a holistic state of the law and practice of Corporate law in Nigeria, incorporating management issues with foundational matters. The 2nd edition is updated with CAMA 2020, new incorporation requirements, and new provisions on partnerships. It has innovations on Registered Trustees and Company Administration. Recent court decisions have also been updated.

    45,000.00
    Add to basket