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Territorial Jurisdiction Relating to Succession and Administration of Estates under Nigerian Conflict of Laws

Territorial Jurisdiction Relating to Succession and Administration of Estates under Nigerian... RECENT DEVELOPMENTS–ACTUALITÉS TERRITORIAL JURISDICTION RELATING TO SUCCESSION AND ADMINISTRATION OF ESTATES UNDER NIGERIAN CONFLICT OF LAWS CHUKWUMA SAMUEL ADESINA OKOLI Issues relating to the succession and administration of the estate of a deceased person raise significant issues in Nigerian private international law (or conflict of laws), whether a person dies testate or intestate. In the very recent case of Sarki v. Sarki & Ors, the Nigerian Court of Appeal considered the issue of what court had territorial jurisdiction in a matter of succession and administration of the estate of a deceased person’s property under Nigerian conflict of laws dealing with inter-state matters. While this comment agrees with the conclusion reached by the Court of Appeal, it submits that the rationale for the Court’s decision on the issue of territorial jurisdiction for succession and administration of estates under Nigerian private international law in inter-state matters is open to question. In Sarki, the claimants/respondents were the parents of the deceased person, while the defendant/appellant was the wife of the deceased person. The defendant/appellant and her late husband were resident in Kano State till the time of his death. The deceased was intestate and childless and left, inter alia, immovable properties in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Territorial Jurisdiction Relating to Succession and Administration of Estates under Nigerian Conflict of Laws

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Publisher
Edinburgh University Press
Copyright
Copyright © Edinburgh University Press
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2022.0397
Publisher site
See Article on Publisher Site

Abstract

RECENT DEVELOPMENTS–ACTUALITÉS TERRITORIAL JURISDICTION RELATING TO SUCCESSION AND ADMINISTRATION OF ESTATES UNDER NIGERIAN CONFLICT OF LAWS CHUKWUMA SAMUEL ADESINA OKOLI Issues relating to the succession and administration of the estate of a deceased person raise significant issues in Nigerian private international law (or conflict of laws), whether a person dies testate or intestate. In the very recent case of Sarki v. Sarki & Ors, the Nigerian Court of Appeal considered the issue of what court had territorial jurisdiction in a matter of succession and administration of the estate of a deceased person’s property under Nigerian conflict of laws dealing with inter-state matters. While this comment agrees with the conclusion reached by the Court of Appeal, it submits that the rationale for the Court’s decision on the issue of territorial jurisdiction for succession and administration of estates under Nigerian private international law in inter-state matters is open to question. In Sarki, the claimants/respondents were the parents of the deceased person, while the defendant/appellant was the wife of the deceased person. The defendant/appellant and her late husband were resident in Kano State till the time of his death. The deceased was intestate and childless and left, inter alia, immovable properties in

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Feb 1, 2021

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