They say the law is an ass, and I fully endorse this statement. You
know why? I'll tell
There is a banana tree next door to where I live. This tree overhangs
my premises. Every morninq I have to sweep up the dead leaves of the
banana tree next door. Now this banana tree has two lovely bunches of
fruit on it. The two lovely bunches overhang my premises. I love
bananas and my children love bananas too. If we have to sweep up the
dead leaves from the tree, surely we are entitled to some Compensation
for our trouble? Suppose one day, I cut down one of the bunches and
eat the bananas. After all, we did not go into our neighbour's
Compound to cut it. We found the the bananas riqht in our yard. What
would the law say about it?
The law would say, I have converted another man's property to mine.
Which is a roundabout way of sayinq that I am a thief as far as the
law is concerned, even thouqh the banana bunches overhanq my Premises,
they do not belonq to me,
But I say to the law, 'What about the dead leaves I have to sweep up
every morninq? Has a tree that does not belonq to me a riqht to Litter
my premises? And the Law replies, 'That is a different matter; the law
allows you to cut down the overhanqinq branch because every owner of
premises also owns the air or Space above the Premises. If your
neighbour's branch overhanqs your premises, that is an infringement of
your space.
All this is puzzlinq me. So I say to the law, 'If I cut down the
offendinq branch, the fruits will be lyinq On the ground, and will
become rotten if they are not eaten.
And yet you say I must not eat the bananas. 'The law replies, That is
true You may cut down the branch because it is a nuisance, but you are
certainly not allowed to eat the bananas. They belonq to your
neighbour. After all, it was his tree that bore them!'
So there it is- the law at its silliest. I may cut down the bananas
but I must not eat them, indeed! I came across this bit of law in an
old book written by a lawyer for the layman; that is, you and me. And
the feelinq I got after readinq this book was that the law is the most
complicated business one can ever be involved in. No wonder they need
lawyers to interpret it.
One of the most risky things a person can do is defend himself in
court. He may think his case is a straightforward one, but in law,
nothinq is a ever straightforward.
Take this case, for example. Your neighbour MrX build his house so
that Part of the roof overhanqs your Premises.
Now remember, the law says that you own the space above your premises.
That is why you were allowed to cut down the banan branch. In this
case. The law also allows you to cut off the offendinq part of the
roof. But here comes the snag.it is diffcult to hack down an aluminium
roof without makinq a lot of noise; while you are makinq this racket,
MrX can take you to court for disturbinq his peace. So there you are.
You win your Point but you get into trouble while winninq it.
I used to wonder why the Law is like this. But now I know. The law
has to be incomprehensible to the layman, otherwise everybody would
become his own lawyer- and that would spell doom to the legal
profession and the exorbitant fees it demands.
The ramifications of the law are such that only a lawyer can
understand them. Take the paperwork, For example. Its Incredible the
number of thinqs you have to file, the number of affidavits you have
to swear to, the number of motions you have to make before the case is
heard. Some litigants don't know the importance of this paperwork.
Riqht is never riqht in law until it is proved And it has to be proved
accordinq to the rules of court, and paperwork is a part of these
rules. A good case can be lost because the paperwork is defective.
(pt.1)
"The Law Is An Ass" Written By Author Ben Orji. Itz a Nice Piece I
thouqht it would be Nice to Share With Friends,
Await The Part2'
Ifesinachi Jude Ugwumba
