They say the regulation is an ass and i fully propose this announcement. Why ? I’ll te you.
There’s a banana tree round the corner to where I live. This tree overhangs my premises. Every morning I need to sweep up the dead leaves of the banana tee next door. Now this banana tree has two lovely bunches of fruit on it.
The 2 lovely bunches overhang my premises. I really like bananas and my kids love bananas too. If we must sweep up the dead leaves from the tree, certainly we’re titled to a few reimbursement for our problem ? Think sooner or later I cut down one of the bunches and eat the bananas. In spite of everything, we did now not pass into our Neighbour’s compound to reduce it. We determined the bananas right in our backyard. What might the regulation say about it ?
The law might say i have transformed some other man’a assets to mine that’s a roundabout manner of pronouncing that I’m a thief. As a ways because the regulation is concerned, even though the banana bunches overhang my premises they do not belong to me.
However I say to the law, “ what abou my the useless leaves I must sweep up every morning ? Has a tree that doesn’t belong to me a proper to muddle my premises ? And the law permits you to reduce down the overhanging branches due to the fact each proprietor of premises additionally owns the air area above the premises.
If your neighbour’s department overhangs your premises, that’s an infringement of your space.’
All this complicated me. So I say to the law, “if I reduce down the offending department, the culmination will be mendacity at the ground,and turns into rotten if they’re not eaten. And yet you are saying I should no longer eat the bananas. ‘ The law replies, this is real. You could cut down the department because it’s far nuisance, but you are sincerely now not allowed to consume the bananas. They belong in your Neighbour. In any case, it turned into his tree that bore them!’
So there it is, the regulation it’s silliest. I can also cut down the bananas but i need to no longer devour them, indeed! I stumble upon this little bit of law in an antique book written by a attorney for the layman; this is, you and me l. And the sensation I were given after reading this ebook was that the regulation is the most complex enterprise you’ll ever be involved in. No surprise they want attorneys to interpret it. One of the maximum volatile things someone can do is shield himself in court docket. He might imagine hello case is a straightforward one, however in law nothing is ever trustworthy. Take this example, as an example. Your Neighbour Mr X builds his house in order that part of the roof overhangs your premises.
Now keep in mind, the law says which you personal the space above your premises. That is you had been allowed to reduce down the banana branch . I this example, the regulation additionally allows you to reduce off the offending part of the roof. But here comes the snag. It is hard to hack down an aluminum down the aluminum roof without making a noise; whilst you making this racket, Mr X can take you to court for traumatic his peace. So there you’re. You win your factor however you get into trouble whilst winning it
I used to marvel why the regulation is like this. However now I realize. The regulation needs to be incomprehensible to the layman, otherwise everyone could end up his very own legal professional and that could spell doom to the legal prefession and exorbitant costs in needs.
The ramifications of the law are such that only the attorney can understand them. Take the paperwork,for instance. It’s remarkable the variety of things you have to report, the number of affidavits you need to swear, the quantity of motions you need to make before the case is heard. A few litigants don’t understand the significance of this paperwork. Right is by no means right within the law till it’s far proved. And if has to be proved according to the guidelines of court docket, and office work is a part of those policies. An awesome case may be lost because the paperwork is faulty.
To confuse the layman, legal professionals have a language of their very own. They speak in Latin and compound you with their habeas corpus and corpus delicti and writ of caveat and prima facie and suchlike mumbo jumbo till your head aches. Why in the world can’t they talk in a language the relaxation folks can recognize ? However, of path they ought to impress us with their gaining knowledge of, for the legal career is meant to be a discovered one. This is why you hold listening to the expression in court docket: ‘The learned suggest on the other side…’
And attorneys aren’t glad with just speaking Latin above your head; when you cross into court, additionally they exchange your identification. You have to prevent being Mr X and become ‘ the plantiff or the defendant’. In a divorce case, your little adjustments, you’re acknowledged either as the petitioner or the respondent; the female who is stated in the case given a euphemistic name, she is known as the girl referred to’, which is not how i might describe a home-breaker. However then in law, nothing is ever taken without any consideration. A person, or a girl for that count is harmless until proved responsible. This business of no longer taking some thing for
Granted can be humorous at times. A person is subopened by means of the court to present proof in sure cases.
The man may be the Archbishop of lagos. Anybody knows him. However the regulation sets him out with an open mind. ‘This man in the witness field is unknown to us despite the fact that we asked him to come right here.’ so the first aspect they ask him to do is, kingdom your call and address. ‘the subsequent question is, what is your career? I believe that even if the cheif justice of a excessive court himself had to give proof, they might nonetheless ask him,’what is your profession?’. There are other instances of the regulation not taking something without any consideration. A person falls from the top of a palm tree and dies. As a minimum ten human beings saw him fell. Is the law happy with this proof as to the purpose of dying? Oh no. As far as the regulation is concerned, seeing is not necessarily believing. So a post mortem is arranged to find out the reason of dying.
A very interesting time, and an instrcutive one too, can be spent sitting in court docket and paying attention to instances. I don’t have a whole lot amusement to cases. I don’t have lots leisure nowadays however at one time I used to do that.
There was this example of the girl who married through normal law and who desired to divorce her husband. When it came to the husband flip to talk, he stated he failed to need his spouse to go. Please beg her for me, judge he pleaded, without a doubt abasing himself. So the magistrate suspended proceedings and all three went into the Justice of the Peace chamber.
After they fully got here out anticipated to pay attention that the whole lot were settled. It became, in a manner, but there was surprise in save for the spectators. The wife became nonetheless insisting on divorcing her husband, but the husband changed into no longer pleading.
‘properly, ojo, your wife insists she must leave you, the Justice of the Peace stated.
The person responded, she may go, your worship, and true riddance too. She eats like a horse. If you fill this room with food, she will be able to eat it all.
The girl replied,’ You wretched creature, telling such lies. You by no means had sufficient meals for a cockroach to devour, not to speak of a horse!
All and sundry laughed. The court orderly shouted’ silence! And when order has been restored, the magistrate said, i will clear this courtroom if I hear anymore noise. As for you, you cannot quarrel right here. This isn’t your house. He then proceeded to grant the divorce.