The Law… the law bia ooo n’agwo no na akirika (The law come, there is serious danger) yelled a loud little croaked from cigarette voice at the reception section of our office. Who could that be? Was the look on my Oga’s face who was devouring a plate of ofe nsala and soft yellow garri from his stainless flask on his desk while giving me some instructions on a new matter I was to go and file at the Magistrate Court the next day. Please, go be with the person yelling outside for a moment Anabel said Oga, let me tidy up.
And there on the bare floor of the reception room was Chief Maduka aka ‘Ignorant client part 2’ seating with his legs apart, his shirt pulled off and hung on his shoulders and he was sweating profusely under the fan. He had a white paper and a title document he was gazing thoroughly at and screaming, tufiakwa! A trustulum the law, ka o puta godi (God forbid! I trust the law, let him come out first). Good afternoon Sir, I said to him. I am really sorry for whatever the situation may be that is upsetting you, I am Barr. Anabel; please may I know what the issue is as Oga is still a little busy now?
He stared at me from head to toe as was the norm experience for many female lawyers in the Eastern part of Nigeria and muttered a bit loudly beneath his breath Ana mu ako akuko umunwanyi? (Do I do women talks?). I was already used to that insult that comes from many ignorant clients like him, so I pretended I didn’t hear him and motioned at our Secretary to go get him a glass of water. Oga joined us shortly and took the paper and title document off his hands and passed them to me while he led him through to his office. A quick glance at the white paper while following the procession behind to Ogas office, I saw it was a copy of a very recent court judgment; while the title document was a ‘deed of conveyance’ that was franked by a non-lawyer.
It happened that Chief Maduka purchased a three-bedroom mini bungalow that was seating on a plot of land at a very beautiful and developed location in Onitsha Anambra State for a very paltry sum from one Mr. Donatus who was the only son of one Late Chief Ogbuadike (the original owner of the said Land) after his father’s death. Chief Maduka used the services of a land agent to close in on the deal and had no reason to question the right of the seller who was the first and only son of Late Chief Ogbuadike and by norm the rightful owner of his late father’s estate since his other siblings were females.
After the purchase, his agent ensured he signed an agreement that transferred title to him with Mr. Donatus and he was even handed over the original title documents of the said property that belonged to Late Chief Ogbuadike himself, so all was well. Chief Maduka even went for thanksgiving in his Church to celebrate his newly acquired asset. He then went ahead to break some sections of the mini bungalow and renovated it as well as added further designs that successfully converted the said property to a 6-bedroom Duplex within some months. He was at his newly acquired property that Thursday morning when two out of the four daughters of Late Chief Ogbuadike’s daughters walked in with some officers of the law and ordered him out of the said property, as well as gave him a copy of the court judgment that nullified his ownership of that place as Mr. Donatus who despite being the first and only son of Late Chief Ogbuadike had no right to sell.
Chief Maduka was cursing beneath his breath while he tried to narrate what happened to us. In between his story he will condescendingly yell out words like mbu umu nwanyi na erukpu ana anyu mamili (imagine women that squats to urinate) ordering him out of his property. Then I would laugh within me and shake my head at his ignorance. He wanted us to advise him on whether he should use the police to threaten those ladies back or help him issue them a legal warning letter to never repeat such nonsense again or he will sue them. He was deeply offended because he didn’t steal their father’s land as the rumours that spread after that incidence was alleging. He had his title document with him, the Deceased’s original title documents and even the receipt of payment he made sure their brother he purchased the property from issued him. All efforts to reach out to the said Mr. Donatus or his agent to clarify things for the stupid girls (in his words) that should be more worried about getting a husband than creating chaos proved abortive. Oh! how I chuckled within me over his ignorance, albeit disgusted.
I am really sorry you experienced such harshness from the officers of the law today said my Principal to Chief Maduka after his narration. We will see what we can do for you legally to help you recover some of your investments from Mr. Donatus. But I will advise you obey the court judgment for now and stay off the said property. The law, o maka gini zi (the law why)? Said Chief Maduka. A land I bought with my own money? At this point Oga had no option than to start a long lecture session with him.
Chief Maduka’s first error was attempting to do a property transaction without a lawyer. If he had used the services of a lawyer in the said transaction, my office would have simply asked him to go home that we will recover 100% of his investment (not the property) in the said transaction for him because the law will simply go after the lawyer that Chief Maduka paid for his expertise. But unfortunately, Chief Maduka got himself entangled in the said mess because he wanted to cut corners like many other ignorant clients out there who thinks that paying a lawyer his full percentage in a transaction was a waste of money where an agent will do the same for them at a ridiculously cheap rate. The use of an unverified agent leaves us handicapped to an extent in the said scenario/circumstance.
A lawyer was properly trained on how to apply due diligence in property transactions. If he had involved a lawyer from the onset, the lawyer would have observed the encumbrance on the said property from the pre-contract stage which is that Mr. Donatus despite being the first and only son of Late Chief Ogbuadike had no power to sell that property because there were other living beneficiaries of the said property with equal rights and claims to the title of the said property. That obviously wasn’t what Chief Maduka was expecting to hear from us; but that was his sad reality; as the law doesn’t discriminate against female children (married or unmarried) in inheritance matters.
In law Mr. Donatus had no power to sell that property to Chief Maduka because nemo dat quod non habet (you cannot give what you don’t have). Chief Maduka will constantly yell on intervals during the long lecture ‘but o nyanwa bu diokpala Ogbuadike’ (But he is Ogbuadike first son); and my Oga would always respond ‘that is irrelevant Chief’ and he would shake his bent head in pains. A lawyer would have equally foreseen and warned him about the imminent danger coming for him going by how ridiculously/unbelievably cheap he acquired the said property in a developed area from the said son who was in a haste to sell off all his father’s properties at a knock off price and have enough cash at hand with zero regards to the current market value of the said place.
Counsel, but eji mu title documents papa ya (Counsel, but I am in possession of his father’s title documents); Chief Maduka lamented further while pulling out Late Chief Ogbuadike’s original Deed of Assignment from his brief case. Oh dear, I quietly yelled out and he stared angrily at me with his gritted painful face. Chief, said my Oga; who did you say owns this title document again? Chief Ogbuadike nu, he replied proudly. Thank you said my Principal. Where is Mr. Donatus’ legal title documents? He couldn’t answer. Don’t over labour this matter Chief. A mistake has already been made by you. We can only help you recover some of your investments by going after Mr. Donatus for you. But you see that property; forget it. You bought it from a wrong seller. Counsel, kedu kwanu maka uno m rugoru ebe ahu? (Counsel what of the house I already built there?) Chief, it is currently not yours anymore; but we will try to recover some of the investments you made there for you when we take Mr. Donatus to court.
Counsel, onwekwazili ego folu akalogoli afu naka? (Counsel, I am not sure that useless boy still have any money at hand), Chief Maduka yelled in pains while he stood up. He felt going after Mr. Donatus in court was a mere goose chase as it was obvious from our submissions that his suffering and investments had washed down the drain. He was inconsolable while he left our office and we equally felt sad for him over that sad situation. We can only but do our best for him to recover something and probably send Mr. Donatus to prison for the fraudulent sale. But the court judgement that declared he wasn’t the owner of the property he purchased with his own money was completely in order.
Please my readers, NEVER do any property transaction without seeking the advice of a lawyer! Lawyers were properly trained to GUIDE you better in accordance with the law on issues like this. Quit the cut corners some of you enjoy doing. It is better you pay today and get safeguarded from the onset of your property transactions than act smart like our ignorant client Chief Maduka and end up in pains many years later. A word they say is enough for the wise. Cheers!