M/s Bandaru & Co. Advocates

31/12/2022

Happy New year. Thank you for standing and supporting us in 2022. We hope for a better 2023 as we come up with new strategies of offering you the best legal services ever. May God bless you all.

09/07/2022

02/05/2022

From us to you is a Happy Eid Mubarak.

24/12/2021

We thank God for keeping us alive to this day and trusting him for many more to come. Enjoy your Festive Season.

17/08/2021

“Freedom and justice cannot be parceled out in pieces to suit political convenience. I don't believe you can stand for freedom for one group of people and deny it to others." - Coretta Scott King.

📸 caption: Coretta Scott King and her husband, Martin Luther King lead a black voting rights march from Selma, Alabama.

13/08/2021

WHEN CAN YOU SAY YOUR CONTRACT WAS FRUSTRATED?

We told you about Baku who had a contract with Norman to deliver an outfit everyday, but the lockdown prevented Baku from delivering the outfits for 42 days since the shops were closed and there was no way to get them open. We also told you that Baku could not claim that it was an Act of God. (God does not lockdown economic activities)

WHAT IS FRUSTRATION?

In contract law, the doctrine of frustration, is an excuse that allows a person in a contract to set aside the contract when an unforeseen event either renders that person’s contractual obligations impossible, or radically changes the party's principal purpose for entering the contract. For example, Baku was supposed to deliver an outfit to Norman every day, but the lockdown prevented him from doing so for 42 days. Although it is possible for Baku to ‘figure’ out how to deliver these outfits, it would change the whole contract by making it almost too expensive or require Baku to break the law.

WHEN CAN’T YOU RELY ON FRUSTRATION?

If the event was foreseen by the parties. For example, if there was an official announcement that the shops would be locked on 2 days later, and Baku did not take steps to get the clothes out to give to Norman, then he cannot claim that the contract was frustrated because he could foresee the closure because of the ‘official’ announcement and did not try to carry out his obligations.

If the event was caused by the conduct of the person. For example, if Baku failed to pay rent for the shop and this is the reason why he could not deliver, he cannot claim that the contract was frustrated since his failure to pay rent is what caused his failure to carry out his contractual obligations.

If Baku and Norman agreed in their contract that lockdown would not be an issue and delivery would continue, then Baku cannot thereafter claim that lockdown stopped him from delivering.

24/07/2021

IS YOUR LAND SAFE?

There are a lot of legal problems associated with being under lockdown ranging from Domestic violence, early child pregnancy and loss of property too. During the first wave of Covid-19 that necessitated a lockdown, our country witnessed the above legal challenges and so many more. Painful as it is, we are likely to see some of them re-emerge.

So is your land safe?

It is advisable that you keep being vigilant regardless of the lockdown. If you cannot reasonably visit your land due to the current lockdown restrictions, get a contact close to it and ensure that no illegal activity is taking place. If you are capable, fence it off, build a small structure or grow some crops.
Fraudulent people are not resting.

NOTE: THIS POST IS INTENDED AS A GENERAL STATEMENT OF THE LAW, FOR ADVICE ON ANY LEGAL PROBLEM, FEEL FREE TO CONTACT US THROUGH OUR FACEBOOK PAGE

20/07/2021

Thank you all for getting us to 400 Page Likes.🙏🙏🙏

20/07/2021

Happy Eid Al Adha to our Moslem brothers and sisters.

30/05/2021

Thank you for getting us to 350 Likes. We appreciate your support and request you to invite your friends so as to benefit from our free legal services as well.

18/05/2021

CAN I STOP MY NEIGHBOUR FROM BUILDING A FLAT INFRONT OF MY HOUSE?

Maria won the lottery in 2010 and used the money to buy land where she built a family house for her family. Around Christmas, Mama Joan, Maria’s neighbor decided to build a house on her plot of land to escape the noisy and polluted city centre. Mama Joan plans to build a 3 storied flat that will be looking into Maria home. Maria cannot stomach this since Mama Joan will not only be able to see into her compound but will block any natural light from reaching Maria and her family. Maria is wondering whether she can stop Mama Joan from doing this.

WHAT DOES THE LAW SAY?

By law, a landowner has a right to the surface below and the air above it. However, this ownership does not extend to the clouds or as far down as the earth’s core. The landowner owns at least as much of the space above the ground as he can occupy or use in connection with the land and as for the surface, as long as it does not damage the land, or become a nuisance to the neighbours.

WHAT CAN A LANDOWNER CONSTRUCT?

Before Mama Joan begins construction, it is important to check with the Physical Planning Authority and Building Committee of that District to ensure that the building permit to erect the desired building. For example, if you wanted to build large bungalow in an industrial/commercial area, the building permit may not be given. In addition, if this building is blocking your access to the road, direct natural light or violating one’s privacy or causing a security concern, you can take the complaint to the District /town Physical Planning Authority to help you resolve this issue or stop a person from erecting a building that violates your rights.

If you would like to know more about this, or any other legal questions, please feel free to contact us through our Facebook inbox.

13/05/2021

From us to you

12/05/2021

WHAT IS THE RIGHT TO A FAIR HEARING?

Under The Constitution every person has the right to a fair, speedy and public hearing before an independent and impartial court or tribunal. This is in regards to both civil cases and criminal charges. This right is essential to justice being done but can easily be abused (especially in criminal cases).

Along with other considerations, every person charged with a criminal offence is supposed to be;

1. Presumed innocent until proven guilty,
2. Informed in a language he/she understands of the nature of the offence
3. given enough time and facilities to prepare a defence
4. allowed to appear before court in person or by a lawyer
5. given an interpreter if that person cannot understand the language used at trial.
6. allowed to examine witnesses and to obtain other witnesses before court.

With these considerations in mind, have you ever been denied your right to a fair hearing?

09/05/2021

Happy mother's day to you all.