A judgment in rem upholds a right as against the whole world.
For example, in property law, a judgment upholding a legal (as distinct from an equitable) right is a judgment in rem.
Enforcement of foreign judgments—Nigeria—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to enforcement of foreign judgments in Nigeria published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Streamsowers & Köhn—Etigwe Uwa; Adeyinka Aderemi; Chinasa Unaegbunam 1. Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties? At present, Nigeria is not a signatory to any multilateral or bilateral treaties for the reciprocal recognition and enforcement of foreign judgments. Foreign judgments are enforced in Nigeria under: • the Foreign Judgments (Reciprocal Enforcement) Act; • Chapter F35, Laws of the Federation of Nigeria 2004 (the 2004 Act); and • the Reciprocal Enforcement of Judgments Act 1922, Chapter 175, Laws of the Federation and Lagos 1958 (the 1958 Act). Section 3, Part 1 of the 2004 Act (which contains provisions for the registration of foreign judgments) provides that where the Minister of Justice is satisfied that in the event of the benefits conferred by Part 1 of the 2004 Act being extended to judgments given in the superior courts of any foreign country, substantial reciprocity of treatment will be assured concerning the enforcement in that foreign country of judgments made by
Decree absolute—divorce (pre-DDSA 2020) The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) is in force from 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022. Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see below: Online divorce Where a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in FPR 2010, Pt 7 and the supplemental Practice Direction 7A, FPR 2010, Practice Direction 41A will also apply. FPR 2010, Practice Direction 41A sets out the
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What happens when a residential tenancy is forfeited but a sub-tenancy is in place? Does it fall away, similar to circumstances of commercial leases? This response considers the forfeiture of a residential tenancy, in circumstances where there is a head landlord, a tenant and a sub-tenant. Forfeiture is most commonly encountered with fixed term commercial leases. In principle, however, it is also possible to forfeit long residential leases. See our Practice Note: Forfeiture of a lease. As in a commercial context, where a residential lease is forfeited, any derivative interests come to an end with it. Consequently, sub-lessees, mortgagees, assignees and occupiers all stand to lose their interests in the premises. See our Practice Note: What happens to an underlease on termination of the lease? It is therefore provided that where the landlord is seeking to enforce forfeiture against the lessee, a sub-tenant may seek relief in one of two ways: either in the landlord’s action against the tenant, or in proceedings specifically initiated by the sub-tenant for relief. In outline, these two forms of relief are: • the grant of a wholly new lease to the claimant on such terms as the court thinks fit (Law of Property Act 1925, s 146(4) (LPA 1925)), or • the vesting of the tenant’s current lease in the claimant (LPA 1925, s 146(2)) The circumstances in which the latter form of relief is available
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Family analysis: In a case where the applicant had undergone gender reassignment surgery but had not obtained a Gender Recognition Certificate (GRC) by the date of the marriage, because same-sex marriage was not legal at the time of the marriage, it was void at its inception and the court did not have the necessary powers to make a declaration that it was a valid marriage. Lyndsey Sambrooks-Wright, barrister at Garden Court Chambers, considers the background to the case and its practical implications.
Local Government analysis: When can a local authority act upon an age assessment decision? Following the judgment in KA and another v London Borough of Croydon, Peggy Etiebet, barrister at Cornerstone Barristers, says there is likely to be a re-evaluation by local authorities as to how long support is given after the reasoned determination is announced.
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1160. Spouses and civil partners. Spouses and civil partners may be restrained from interfering or intermeddling with the other's property1 or from entering the other's premises2. A mandatory injunction may be granted ordering one party to the marriage or partnership to deliver up the house and furniture belonging to the other3.
Judgment in rem is referenced 1 in Halsbury's Laws of England
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