CONFLICT IN THE LAW OF CONTRACT. Here, the course is concerned with which law would (most appropriately) apply to a contract which is amenable to more than one law. This usually happens where there is a foreign element. Take for example; Mr Chike (a Nigerian) entered into an agreement with Mr Vincent (a Briton) in […]
CHOICE OF LAW IN PROPERTY. Property can be classified into various forms/types. However, for the purpose of this course, property is classified into moveable and immoveable. Let us treat immovables first. IMMOVABLE Includes land and other things permanently attached to land. Here, the question of choice of jurisdiction and choice of law are merged. […]
CHOICE OF JURISDICTION. Jurisdiction has several meanings. It could refer to the inherent powers the court can exercise, it can relate to the amenability of the party concerned to trial in a court, it can refer to the scope of a court’s power (whether territorial or substantive) and so on. In conflict of laws, […]
IMMUNITY. States usually make their top officials immune from proceedings while acting in their capacity. See Tinubu V IMB Securities, Section 308 of the 1999 Constitution. In the conflict of laws, the concept of “immunity” is quite different as here we are looking at immunity as between sovereign states. The practice of exempting a leader […]
ENFORCEMENT OF FOREIGN JUDGMENT. There are two regimes for enforcement of foreign judgement in Nigeria. Common-Law: which is by an action. Statute: which is by registration. ENFORCEMENT OF FOREIGN JUDGMENT UNDER COMMON LAW Enforcement under common law applies where judgment cannot be enforced under the statutory regimes. (e.g. maybe the foreign state does […]
