DAILY LAW TIPS by Onyekachi Umah,Esq.(Tip 278)
WHEN CAN A MISSING PERSON BE PRESUMED DEAD IN NIGERIA.
Ordinarily, the only time any person can be declared dead is when the person’s body is found and a physician declares such lifeless. But, where a missing person has not been heard from for seven (7) years or more by those that naturally should have heard from such person if such person was alive, then such a person would be presumed dead. Although such person is presumed dead, there is no presumption as to the time when such a person died.
Note that where there are circumstances to account/prove for the long time that such a person has not been heard from, such a person cannot be presumed dead.
My authorities are sections 164 (1) and 259 of the Evidence Act, 2011.
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