Category: Commercial Litigation
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Does an Arbitration Clause Apply When Liability is Admitted? A Review of the Supreme Court’s Decision in Sembcorp Eng. Pte Ltd -v- IPCO (WA) Holdings Ltd & Anor (2024) LPELR-62984 (SC)
Introduction The general rule is that where an agreement contains an arbitration clause, the courts shall respect the sanctity of the arbitration clause by staying the court proceedings and referring the parties to resolve their dispute by arbitration. However, the courts will only refer a matter to arbitration in line with the agreement of the…
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UNDERSTANDING THE CONCEPT OF DURESS IN CONTRACTS: AN ANALYSIS OF THE SUPREME COURT’S DECISION IN SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD & 6 ORS V E.N. NWAWKA (2003) 6 NWLR (Pt. 815) 184
INTRODUCTION The definition of the word “duress” was brilliantly defined by Ekpe JCA in Calabar Central Co-operative Thrift & Credit Society & 2 Ors v Bassey Ebong Ekpo (2001) 17 NWLR (Pt. 743) 649 at 675 as follows: “The word duress is defined as any unlawful threat or coercion used by a person to induce…
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Can a Statutory Employment be Terminated for a Reason Not Stated in the Termination Letter? A Review of the Decision in Mr Obidah Ibrahim Dakat v. FRSC & 2 Ors (Unreported, Suit No. NICN/JOS/38/2023, judgment delivered by the National Industrial Court on 20 August 2025)
INTRODUCTION The special and unique nature of employment law often appears to be a challenge to both employers and employees, and it is more pronounced in cases of public service, as it is governed under a distinct pattern and expectation. The recent judgment in Obidah Ibrahim Dakat v. The Federal Road Safety Commission & Ors…
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UNDERSTANDING THE FORFEITURE OF PROPERTIES TO THE FEDERAL GOVERNMENT: A REVIEW OF THE COURT OF APPEAL’S DECISION IN ALISON-MADUEKE -V- E.F.C.C (2024) 1 NWLR (PT. 1918) 101
Introduction In recent years, public notices by the Economic and Financial Crimes Commission (EFCC) announcing the forfeiture of properties to the Federal Government have become increasingly common. It is also not unusual to see an inscription in red ink on the fence of a property announcing that the EFCC has taken over the property by…
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KEY INSTANCES WHERE THE SALE OF REAL ESTATE BY THE ADMINISTRATORS OF AN ESTATE WILL BE DECLARED INVALID BY THE COURT: A REVIEW OF THE SUPREME COURT’S DECISION IN EYIBOH -V- MUJADDADI (2022) 7 NWLR (PT. 1830) 381
This article provides tips on the best practices for handling a property purchase transaction from the administrators or executors of an estate of a deceased. It also provides a detailed analysis of the Supreme Court’s decision in the case of Eyiboh v. Mujaddadi (2022) 7 NWLR (Pt. 1830) 381. The Supreme Court declared that the…
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CAN A RESIDENTS’ ASSOCIATION OF AN ESTATE IMPOSE AUTOMATIC MEMBERSHIP ON THE RESIDENTS? A REVIEW OF THE DECISION IN MEGAWATTS NIG. LTD v. REGISTERED TRUSTEES OF GBAGADA PHASE 2 RESIDENTS’ ASSOCIATION & 3 ORS.
This article provides a comprehensive analysis of the Federal High Court’s ruling in the case of Megawatts Nigeria Limited v. Registered Trustees of Gbagada Phase 2 Residents’ Association & 3 Others, where the Court determined that compelling a resident to join a residents’ association solely by virtue of their residence within the estate constitutes a…
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ENHANCING CONSUMER PROTECTION IN NIGERIA: A REVIEW OF THE DISPUTE RESOLUTION PROCEDURE AT THE LAGOS STATE CONSUMER PROTECTION AGENCY (LASCOPA) AND THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION (FCCPC)
This article highlights the dispute resolution process outlined in the Consumer Protection Agency Law of Lagos State and the Federal Competition and Consumer Protection Act, 2018, for dissatisfied consumers. Additionally, it seeks to discourage the practice of multiple government agencies investigating a petition from a dissatisfied consumer on the same set of facts.
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The Impact Of The Enforcement Of Foreign Judgments In Nigeria On The Economy Of Nigeria
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Stay Of Proceedings Pending Arbitration: A Critique Of The Decision Of The Court Appeal In Uba V. Trident Consulting Ltd. (2013) 4 Clrn 119
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Injunctions Pending Arbitration: A Legal Myth?
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