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Conflict of Laws Through Nigerian Case Law: A Researcher's Critical Comments (Part 1)

Conflict of Laws Through Nigerian Case Law: A Researcher's Critical Comments (Part 1) I. INTRODUCTION Conflict of laws is otherwise called private international law.1 It is concerned with every state's response to the special questions that could arise in purely private actions in its courts when there are foreign or extraterritorial elements or dimensions. Such foreign or extraterritorial elements could either relate to the facts2 or the parties.3 Text writers have categorised the special questions into three fields, that is, choice of jurisdiction, choice of law, and recognition and/or enforcement of foreign judgements.4 · Choice of jurisdiction is concerned with the propriety or otherwise of the choice of a state's court to litigate the dispute between the parties. · Choice of law is a separate question from choice of jurisdiction and addresses the issue of which legal system or system of law should govern the dispute between the parties. · A foreign judgement will not have effect in Nigeria unless it is recognised there. If the judgement relates to status, the party in whose favour it was given will enjoy that status if the Nigerian legal system recognises it. If the foreign court ordered the judgement LLM BL, senior lecturer, Department of Jurisprudence and International Law, University of Lagos, Akoka. This http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Conflict of Laws Through Nigerian Case Law: A Researcher's Critical Comments (Part 1)

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2012
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2012.0042
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION Conflict of laws is otherwise called private international law.1 It is concerned with every state's response to the special questions that could arise in purely private actions in its courts when there are foreign or extraterritorial elements or dimensions. Such foreign or extraterritorial elements could either relate to the facts2 or the parties.3 Text writers have categorised the special questions into three fields, that is, choice of jurisdiction, choice of law, and recognition and/or enforcement of foreign judgements.4 · Choice of jurisdiction is concerned with the propriety or otherwise of the choice of a state's court to litigate the dispute between the parties. · Choice of law is a separate question from choice of jurisdiction and addresses the issue of which legal system or system of law should govern the dispute between the parties. · A foreign judgement will not have effect in Nigeria unless it is recognised there. If the judgement relates to status, the party in whose favour it was given will enjoy that status if the Nigerian legal system recognises it. If the foreign court ordered the judgement LLM BL, senior lecturer, Department of Jurisprudence and International Law, University of Lagos, Akoka. This

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Oct 1, 2012

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