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This book represents a compendium of the authors exposition and experience in the emerging and dynamic area of civil litigation which today indispensably constitutes the backbone of every Practitioners success in civl law practice. Civil Litigation is technical in nature and accounts for the premature termination of most civil cases, without the opportunity to hear the substantive subject. This book has provided for Students, Judges, Teachers and practitioners the requisite guide in modern practice in civil litigation in Nigeria with a view to enhancing their proficiency in practice and presentation.
This book, the first of its kind on Anglophone Cameroon, brings significant local context into the practice of law particularly at a juncture when civil practice has been radically altered by Cameroon's ongoing effort at harmonization of both the substantive and procedural laws applicable in the courts. The book covers a wide spectrum of topics including: the commencement of civil actions, jurisdiction, simplified recovery procedures and measures of execution, provisional execution and stay of execution. It provides a detailed analysis of the relevant rules of court applicable in both the high court and court of appeal. One of its major strengths lies in its use of recent cases to demonstrate the way Cameroonian judges have dealt with local procedural laws, as well as how the differences between Cameroonian indigenous rules of practice and those imported particularly from Nigeria and England are reconciled.
Modern Nigerian Constitutional Law: Practices, Principles and Precedents has fifteen chapters covers not only the traditional core topics in constitutional law, but also the generally neglected ones. In chapter one, the author examines some basic issues in Nigerian constitutional law, and in chapter two the supremacy of the Constitution is examined. Also examined in this book are federalism, local government, fundamental rights, the fundamental rights enforcement procedure, the legislature, the executive, the judiciary, elections, INEC, and political parties. Although primarily intended as a textbook for students, the practitioner and the judge will find it refreshingly rewarding.
Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Edited Volume dealing with the Niger Delta.Topics Covered: Militarism, resource management, development, etc.Part of the Conflict and Development Series of the Journa of Alternative Perspectives in the Social Sciences
The Evidence Act, 2011, repealed the old Evidence Act. In doing so, the new Act introduced some changes in the Law of Evidence. Ever since, there has been an urgent need for scholastic guidance, in the proper approach to the interpretation of the provisions embodying those changes. This is particularly so, as the courts have been issuing contradictory interpretations of these provisions. In his new book, Law of Evidence in Nigeria: Practice and Procedure, the veteran author and urbane man of letters, Professor Simon Uchenna Ortuanya, masterfully plumbs the intention of the draft's persons of the Act. The result is a five-hundred-and-forty-page treatise of redoubtable erudition. The succinct titles of the different chapters are quite captivating just as the logical presentations of ideas are very illuminating. The book bears the imprints of the erudite author's versatility in the Law of Evidence - a course he has taught, admirably, in two public universities years.