POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
FIND JUDGMENTS BY:
INTERNATIONAL LAW CASES/JUDGMENTS OF NIGERIAN COURTS
[Judgment(s) are listed and published here for free but can be procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
TITLE | MAIN ISSUES |
A. G. ISHOLA NOAH V. HIS EXCELLENCY THE BRITISH HIGH COMMISSIONER TO NIGERIA | INTERNATIONAL LAW:- Diplomatic Immunity – Validity of an action brought against a foreign envoy in Nigeria – Sections 1 (2) and (3) of the Diplomatic Immunities and Privileges Act (No. 42 OF 1962) – How treated |
A.C.B. VS EAGLE SUPER PACK (NIG) LTD | INTERNATIONAL LAW – INTERNATIONAL TRADE:- Letters of Credit – Applicable customs and usages – Distinction between a treaty between nations and an international trade custom or convention – Uniform Custom Practices – Nature of – Applicability in Nigeria |
ADEGBOLA V. FOLARANMI | JURISPRUDENCE AND INTERNATIONAL LAW: – Slavery – Customarily Married man with daughter taken from Nigeria as slave to another continent – Subsequent conversion and remarriage abroad under Christian law – Subsequent return to Nigeria as freed man – Succession to property of man and his wife – Validity of previous marriage – Legitimacy of pre-slavery daughter and entitlement to succession to property of father as heir – How treated by court |
ADESANYA V. HOEGH AND CO. AS | INTERNATIONAL LAW – INTERNATIONAL TRADE – IMPORT-EXPORT |
AKINSANYA V. UNITED BANK FOR AFRICA LTD | INTERNATIONAL TRADE LAW:– Documentary letter of credit – Contract between the issuing bank and the confirming bank – Whether there is privity of contract between the buyer and the issuing bank with respect to same |
ALAWODE V SEMOH | |
ALLEN AND OTHERS V. JAMBO HOLDINGS | INTERNATIONAL TRADE LAW– AVIATION:- Nigerian company with aircraft in foreign aerodrome – Claims for personal injury against company – Injunction issued against plane from leaving jurisdiction till parent company provide satisfactory security so that any award of damages against them could be met – Nature of insurance, reinsurance, bond or security that will be acceptable |
AMALGAMATED INVESTMENT AND PROPERTY CO LTD (IN LIQUIDAZION) V. TEXAS COMMERCE INTERNATIONAL BANK LTD | INTERNATIONAL TRADE LAW: International project financing – Use of Special Purpose Companies to circumvent municipal restrictions – Nominee companies and off-the-shelf corporate entities – Legal effect |
AMANAMBU V. ULASI | PRIVATE INTERNATIONAL LAW: – Cause of action arising within a national jurisdiction but out of sub-national jurisdiction – Where parties both reside within jurisdiction of regional court – Whether cause of action arising out of region can be entertained by courts of the region where parties reside – Applicable law – Claim for fatal accident which happened in northern region – Whether Fatal Accidents Law of Eastern Region or that of Northern region applies |
BAKARE V. COKER | |
BATEMAN V. SERVICE | PUBLIC INTERNATIONAL LAW:- Conflict of Laws – Liability of Foreign Corporation carrying business in another one – Lex Loci Contractus. |
BELLINGER (FC) V. BELLINGER | INTERNATIONAL LAW AND HUMAN RIGHTS:- European Union and United Kingdom – Marriage – Trans-sexual person – Gender and Sex change – Validity of national statute [section 11(c) of the Matrimonial Causes Act 1973] requiring biological males and females for the purposes of marriage vis a vis the provisions of Articles 8 and 12 of the European Convention on Human Rights – Whether incompatible INTERNATIONAL LAW AND HUMAN RIGHTS: – European Court of Human Rights and United Kingdom – Law pertaining to trans-sexual persons and marriage rights – section 11(c) of the Matrimonial Causes Act 1973 – Implications for convention obligation to fair treatment of every person by the laws or practices of member countries of the European Union viz: ability to pursue claim for sexual harassment in an employment tribunal; Eligibility for state pension at the age of entitlement for assigned/preferred sex; freedom to pay car insurance premiums applicable to preferred sex, etc. – Relevant considerations INTERNATIONAL LAW AND HUMAN RIGHTS:- European Union and Britain – Satisfaction of Convention obligations – Compatibility of national law and binding international conventions – Whether there are circumstances where maintaining an offending national law in operation for a reasonable period pending enactment of corrective legislation is justifiable – Right of an individual during the transitional period to complain that his rights have been violated – Whether non-recognition of gender reassignment for the purposes of marriage is compatible with articles 8 and 12 |
FESTUS S. YESUFU V. AFRICAN CONTINENTAL BANK LTD | INTERNATIONAL TRADE law:- Banking instruments for international trade – Bill of lading – Duty of discounting banks thereto |
FINELVET AG V. VINAVA SHIPPING CO LTD | INTERNATIONAL TRADE LAW:- Law of the Sea– Charter-party – Frustration –Vessel under charter-party trapped in a territory due to war between Iran and Iraq – Whether declaration of war between Iran and Iraq automatically frustrating charter-party INTERNATIONAL LAW:- War – Effect on commerce – Whether there is a rule or irrebuttable presumption that a declaration of war can prevent the performance of, and therefore discharge, a contract on which the war had a direct bearing – Exceptions – Where the declaration of war made the contract illegal because it would involve trading with the enemy – Relevant considerations |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES