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Private International Law in Nigeria

Chukwuma Samuel Adesina Okoli, Richard Frimpong Oppong

ISBN13: 9781509945368
Published: December 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £59.99
Hardback edition , ISBN13 9781509911134



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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.

Contents:
PART I. PRELIMINARY MATTERS
1. Introduction
2. Conceptual Issues in Choice of Law
I. Introduction
II. Characterisation
III. Substance and Procedure
IV. Renvoi
V. Conclusion
3. Foreign Law
I. Nature and Proof of Foreign Law
II. Nature of Foreign Law in Nigeria
III. What is Foreign Law in Nigeria?
IV. Proof of Foreign Law
V. Exclusion of Foreign Law
VI. Conclusion
4. Domicile
I. Introduction
II. What Does it Mean to be Domiciled in Nigeria?
III. Types of Domicile
IV. Proof of Domicile in Matrimonial Proceedings
V. Conclusion
PART II. JURISDICTION
5. Bases of Jurisdiction
I. Introduction
II. Jurisdiction in Actions in Personam
III. Choice of Venue, Location of Cause of Action and Territorial Jurisdiction
IV. Conclusion
6. Forum Selection Clauses, Forum Non Conveniens and Lis Alibi Pendens
I. Introduction
II. Forum Selection Clauses
III. Foreign Arbitration Clauses
IV. Forum Non Conveniens
V. Conclusion
7. Limitations on Jurisdiction
I. Introduction
II. Jurisdictional Immunities
III. Capacity to Sue
IV. Conclusion
PART III. OBLIGATIONS
8. Contract
I. Introduction
II. Party Autonomy
III. Modifying the Choice of Law
IV. Non-State Law
V. Law Applicable in the Absence of Choice
VI. Dépeçage
VII. Severability
VIII. Validity of a Choice of Law
IX. Mandatory Rules and Public Policy
X. Scope of the Chosen Law
XI. Conclusion
9. Torts
I. Introduction
II. Choice of Law Methodology: Comparative Analysis
III. Nigerian Case Law on Choice of Law in Torts
IV. Party Autonomy
V. Splitting the Applicable Law
VI. Mandatory Rules
VII. Public Policy
VIII. Scope of the Applicable Law
IX. Conclusion
10. Foreign Currency Obligations
I. Introduction
II. Judicial History of Power to Award Foreign Currency in Nigeria
III. The Legal Bases for Awarding Foreign Currency Judgments in Nigeria
IV. Foreign Currency Conversion
251
V. Effect of Change in Foreign Currency Status as Legal Tender
VI. Statutory Limitations on Awarding Foreign Currency Judgment
VII. Conclusion
11. Bills of Exchange
I. Introduction
II. Formal Validity
III. Interpretation
IV. Duties of the Holder
V. Rate of Exchange and Maturity
VI. A Call for Reforms
PART IV. FAMILY
12. Marriage
I. Introduction
II. Nature of Marriage
III. Same-Sex Marriage, Same-Sex Unions and Other Same-Sex Relationships
IV. Conclusion
13. Matrimonial Causes
I. Introduction
II. International Actions
III. Inter-State Actions
IV. Conclusion
14. Children
I. Introduction
II. Maintenance and Custody
III. Legitimacy and Legitimation
IV. International Surrogacy Agreements
V. Nigeria and Private International Law Conventions Regarding Children
VI. Conclusion
PART V. PROPERTY, SUCCESSION AND ADMINISTRATION OF ESTATES
15. Property
I. Introduction
II. Nature and Legal Situs of Property
III. Jurisdiction and Choice of Law
IV. Conclusion
16. Succession and Administration of Estates
I. Introduction
II. Choice of Law Issues
III. Jurisdiction Relating to Foreign Property
IV. Constitutional Law and Human Rights
V. Conclusion
PART VI. FOREIGN JUDGMENTS AND ARBITRATION AWARDS
17. The Common Law Regime for Enforcing Foreign Judgments
I. Introduction
II. What is a Foreign Judgment?
III. Nature and Theoretical basis of Enforcing Foreign Judgments
IV. Jurisdiction to Enforce Foreign Judgments
V. Conditions for Enforcing a Foreign Judgment
VI. Conclusiveness and Res Judicata Effect of Foreign Judgments
VII. Defences against the Recognition and Enforcement of Foreign Judgments
VIII. Judgments in Foreign Currency
IX. Limitation of Actions
X. Conclusion
18. The Statutory Regimes for Enforcing Foreign Judgments
I. Introduction
II. Ascertaining the Applicable Statutory Regime
III. Shortcomings of the Statutory Regime and Suggested Reforms
IV. Registering Foreign Judgments under the 1922 Ordinance
V. Enforcement of Foreign Judgments under the 1960 Act
VI. Conclusion
19. Recognition and Enforcement of Foreign Arbitration Awards
I. Introduction
II. Common Law Regime
III. Statutory Regime
IV. Arbitration Awards in Foreign Currency
V. Limitation of Actions and Arbitration Awards
VI. Conclusion
PART VII. INTERNATIONAL CIVIL PROCEDURE
20. Remedies Affecting Foreign Judicial and Arbitral Proceedings
I. Introduction
II. Anti-Suit Injunction
III. Anti-Arbitration Injunction
IV. Mareva or Freezing Injunction
V. Security for Costs in Support of Foreign Proceedings
VI. Conclusion
21. Service of Legal Process and Taking Evidence
I. Introduction
II. Service of Legal Process Out of Nigeria
III. Service of Foreign Legal Process in Nigeria
IV. Obtaining Evidence Abroad
V. Obtaining Evidence in Nigeria
VI. Conclusion