Law

Research Papers/Topics in Law

RECOVERY OF PREMISES IN NIGERIA; PRACTICE, PROCEDURE AND PRECEDENTS.

This  is a must read for any legal practitioner whom often times is involved in property litigation and recovery.Victor. U Uzochukwu L.P

ANALYSIS OF THE BASIC PRINCIPLES OF INSURANCE UNDER THE NIGERIAN LAW OF INSURANCE

ABSTRACTEvery human being is faced with the possibility that one or more of the hazards which form part of life will sooner or later befall him and which may cause him pecuniary loss. This misfortune is uncertain as to time or period it will occur and this among others include: fire outbreak, accident or even death. It could be seen that all those are beyond human control as their occurrence cannot be controlled by the individual. For example, the family bread winner knows it is beyond his co...

APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA

ABSTRACTThe essence of creation of man in any environment is to interact, relate and have dealings with each other, in these relationships, certain level of moral standards is expected to be maintained which has necessitated the need for a guiding of conduct.Hence, the introduction of the law which is regarded as rules, and principles set out in order to streamline the activities of man with each other.Natural law theory emphasizes that, law has a divine or supernatural origin and for human l...

COMPETENCE AND COMPELLABILITY IS CHILD EVIDENCE ADMISSIBLE

ABSTRACTDetermination of lawsuits is highly dependent on these availability of evidence. In law, every person is a competent witness in any judicial proceeding unless otherwise prevented by the law. And every compellable witness is a competent witness as the court will not compel anyone to give evidence, if he is incompetent to do so.However, it is not every competent witness that is compellable in court. Competence does not imply ‘reliable,’ thus a witness may legally speaking n...

CONVENTIONAL AND ISLAMIC MORTGAGE FINANCING (A LEGAL COMPARISON)

ABSTRACTHome ownership has been a problem to many people in Nigeria. This is the more reason why efforts are being made from all quarters to alleviate this problem. The two most prominent of these efforts are the Home Financing Schemes, otherwise known as Mortgage Financing, which are made by the public corporations and private institution. The effort of the public corporations is known as Conventional Mortgage Financing while a part of the private institution is that of the Islamic Economic ...

Critical Appraisal Of The Relevancy And Admissibility Of Electronically Generated Evidence In Nigeria

ABSTRACTIn an attempt to address this fundamental issue regarding the admissibility of electronically generated evidence, recourse shall be paid had to the word evidence itself. Evidence is the means by which facts are proved excluding inferences and arguments.There are times in court when we desperately need to rely on evidence in order to prove a very vital point or issue in court. This point can be proved through the use of electronic generated documents which are believed to be in line wi...

CRITICAL APPRAISAL ON OPINION EVIDENCE

ABSTRACTGenerally, where a court is faced with the problem of determining a suit before it, such can only be solved after making an enquiry into the relevant facts of the evidence put before it by the parties, drawing inferences from those facts, and listening to arguments of parties to the case or of their counsel. Evidence is there from called as a means by which those facts can be proved.Evidence of what the witness thinks, believes or infers in regard to facts in dispute, as distinguished...

DISSOLUTION OF MARRIAGE (PROBLEMS AND PROSPECTS).

ABSTRACTThe decree of dissolution of marriage which is defined as the legal separation o f man and wife effected by the judgement or decree of a court, and either totally dissolving the marriage relation, or suspending its effect so far as it concerns the cohabitation of the parties.Dissolution of marriage seems to be on the increase these days, this is due to the fact that people rushed into ill-advised marriages and they decided to rush out of these marriages as soon as they discovered that...

DO JUDGES MAKE LAW (A CURSORY LOOK AT THE RECURRING QUESTION)

ABSTRACTIt is common knowledge that the age long principle of Separation of powers allocates the governmental functions of law making, law implementation and law interpretation to the Legislative, Executive and Judicial arms of government respectively and each arm is to function independently without any unwarranted intermeddling.It is trite that the function of lawmaking for peaceful coexistence and orderliness in the society is vested in the recognized law making organ, in the Nigerian case...

DOUBLE DECKER MARRIAGE IN NIGERIA (ISSUES, PROBLEMS AND SOLUTIONS)

ABSTRACTIt has become a common practice in Nigeria for parties who intend to contract a statutory marriage to marry first under customary law before the solemnization of the statutory marriage. This practice may be explained by the fact that though Western civilization and culture have permeated Nigerian society, most people, even the most sophisticated understandably regard themselves as bound by the customary law of their place of origin. The Nigerian Marriage Act has given validity to this...

DUTY OF CARE ITS IMPLICATIONS TO THE MEDICAL PROFESSION IN NIGERIA

ABSTRACTThe Medical field is one of the most referred and reverenced profession in that it deals with the lives of human beings and in the course of their dealings with patients, these patients go through tests, operations, diagnosis to mention but a few.The Medical professionals in the course of discharging their duties are sometimes Negligent as regards adhering strictly to their professional Code of Conduct. For instance where a doctor leaves operating instruments in the abdomen of a patie...

EGBASE V ORIAREGHAN (1985) EFFECT OF NON EST FACTUM ON CONTRACT

ABSTRACTMan is by nature a social animal. An individual who is unsocial naturally and not accidentally is either beneath our notice or more than human. Anyone who either cannot lead the common life or is so self-sufficient as not to need to, and therefore does not partake of the society, is either a beast or a god.1This quote by Aristotle poignantly points out the fact that interactions with ourselves as human beings is a must, and the need for this interactions often lead to the necessi...

EXAMINING PUBLIC PRIVATE PARTNERSHIP IN NIGERIA (POTENTIALS AND CHALLENGES)

ABSTRACTPublic Private Partnership has been said to be a long term agreement between a government agency and a private partner for the delivery of goods or services with both party sharing in the risks and rewards inherent in the delivery of the goods or service which include financial risks and responsibilities.Public Private Partnership is an answer to the high demand for infrastructure which is at an all time high which is not being currently met by traditional contracting methods. Private...

JUDICIAL ATTITUDE TO HOMICIDE IN NIGERIA

ABSTRACTCriminal Law in Nigeria is so wide that it applies to a wide range of crimes. a crime is and act that is deemed by a statute or by the Common Law to be a public wrong and is therefore punishable by the state in Criminal proceeding. The crime of homicide which can be divided into two namely, lawful homicide which is a division of homicide justified or excused by law and they are self defence, suppression of riot, defence of property etc. unlawful homicide is prohibited by law with very...

JUSTIFICATION FOR AND THE ABOLITION OF CAPITAL PUNISHMENT UNDER HUMAN RIGHTS LAW

ABSTRACTThe legal infliction of death as a penalty for violating criminal law has been in existence from time immemorial, people have been put to death for various forms of wrong doings and methods of execution have included crucifixion, stoning, drowning, burning at stake, impaling and beheading. Today capital punishment is typically accomplished by lethal gas or injection, electrocution, hanging or shooting.The human right proponents see death penalties as a violation of the right to life a...


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