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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:A critical appraisal of the Nigerian law and practice on choice of jurisdiction
Author:Olaniyan, H.A.
Year:2012
Periodical:East African Journal of Peace and Human Rights (ISSN 1021-8858)
Volume:18
Issue:2
Pages:415-436
Language:English
Geographic term:Nigeria
Subjects:courts
jurisdiction
common law systems
lawsuits
Abstract:Nigeria inherited the writ rule, either by virtue of the general reception of English Common Law or by virtue of the provisions in the various high court laws, directing the courts to exercise concurrent jurisdiction with English Courts. But an appraisal of its application shows that despite over 100 years of receiving the Common Law on the subject, Nigerian courts are yet to come to terms with the implications of its reception. This article sets out to review the attitude of Nigerian courts and point out observed errors. The author analyses the way the Nigerian courts apply writ rule with case examples, showing the courts' lack of understanding of the full implication of the writ rule which is part of the received English law in this subject area, and their prejudicial construction of the rules or misunderstanding of conflict of laws. Thus correct application of writ rule is desirable so that litigants are not forced to abandon cases and the court can exercise personal jurisdiction over the defendant as well as jurisdiction over the dispute submitted to the court. Notes, ref., sum. [Journal abstract, edited]
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