Legal Disability and Incapacity Law
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Questions and Answers

What distinguishes a Guardian ad Litem from a Next Friend in legal proceedings involving persons under legal disability?

  • A Guardian can represent the person without formal documentation.
  • A Guardian can be a volunteer.
  • A Guardian must file written authority in court. (correct)
  • A Guardian is not required to have an interest in the case.

    • According to the Married Woman Property Act 1882, what capacity does a married woman have in legal matters?

  • She can only sue in relation to marital property.
  • She has no capacity to enter contracts.
  • She can sue and be sued as if she were unmarried. (correct)
  • She can sue her husband only under specific conditions.

    • In the context of infants, what is the appropriate legal representative to act on their behalf?

  • A Guardian appointed for that purpose. (correct)
  • A Next Friend.
  • Any adult volunteer.
  • A family member only.

    • What is the age defined as an infant under the Child Right Act?

    <p>18 years.</p> Signup and view all the answers

    What limitation exists for lunatics or persons of unsound mind regarding legal actions?

    <p>They can only sue through a Guardian.</p> Signup and view all the answers

    Under the Married Woman Property Act, who can a married woman sue?

    <p>Any person, including her husband.</p> Signup and view all the answers

    In which of the following scenarios can a married woman maintain a legal action?

    <p>For any contracts regardless of when they were entered.</p> Signup and view all the answers

    Study Notes

    Persons Under Disability/Incapacitated Persons

    • Infants, lunatics, and individuals with unsound mind are classified as "Persons under legal disability" in both Lagos and Abuja legal frameworks.
    • Legal disability is defined as the inability to initiate or defend legal actions due to age, mental incapacity, or analogous reasons (Order 1 Rule 5 Abuja & Order 1 Rule 2(3) Lagos).
    • Such individuals can only pursue or defend legal actions through appointed Guardians according to Order 13 Rule 11 Abuja and Order 15 Rule 9 Lagos.
    • Infants are defined as individuals below the age of 18, as per Section 277 of the Child Rights Act.
    • An infant or lunatic cannot independently sue or be sued; they must do so through a Guardian.
    • The term "Guardian" refers specifically to established legal guardians and not to volunteers or next friends.
    • A Guardian may be a parent or someone who has assumed parental responsibilities (locus parentis), following the case of Sofolahan & Ors. v. Fowler.
    • Drafting procedure example: an infant, such as Master Jonnah Johnson, would be represented by his Guardian, Chief Owonikoko Benson.
    • Similar regulations apply to lunatics or persons of unsound mind regarding legal representation through a Guardian.

    Qualities of a Guardian ad Litem

    • Must be deemed fit and proper to act in this capacity.
    • The Guardian's interests must align with and not conflict with those of the disabled person.
    • Preference is given to close relatives who reside within the jurisdiction.
    • Written consent from the Guardian must be submitted to the Court Registry before their name can be used, as per Order 15 Rule 10 Lagos & Order 13 Rule 12 Abuja.

    Married Women

    • The Married Women Property Act 1882, amended in 1893, revolutionized the legal rights of married women, allowing them similar capacities as unmarried individuals in terms of contract and litigation.
    • This Act enables married women to pursue civil actions regarding their separate property or pre-marriage contracts, including actions against their husbands.
    • In legal practice, both spouses may be sued collectively under their names, as highlighted in African Insurance Co. Ltd. v. Mr. and Mrs. Esan (1999) 8 NWLR (pt. 614) 197.

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    Description

    This quiz covers the legal definitions and implications of persons under disability, including infants, lunatics, and individuals with unsound mind. It explores the rules established under Lagos and Abuja regulations for how these persons can engage in legal actions through appointed guardians.

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