Private International Law in Nigeria

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Private International Law in Nigeria

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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.

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

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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

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