Unjust Enrichment And Restitution: Challenges And Prospects For The Nigerian Legal System

ABSTRACT

In recent years unjustified enrichment and restitution has been one of the most intellectually vital areas of private law all over the World except in Nigeria. The thesis examines this principle which has been recognised in other jurisdictions as an independent body of law, either as law of restitution or law of unjustified enrichment different from any other legal obligations or subjects such as contract, tort and property law and which is very effective, more encompassing and better than the available legal mechanisms for cases of reversing unjust enrichment in Nigeria. The thesis further examines the challenges and prospects of its application for the Nigerian legal system. To achieve the above aim, the thesis employs the methods of critical analysis to discuss the evolution and theories of the process in the light of the information derived from primary and secondary sources. Consequently, the thesis has been conveniently divided into eight chapters, the first two chapters provides the background for the study and literature reviewed, the aim of the thesis, statement of the problem and discussion of the reviewed literature. In chapter three, an overview of the principles of unjust enrichment and restitution such as the meaning, nature, application, historical evolution and restitution for wrongs were considered. Chapter four examines unjust enrichment and restitution across jurisdictions; the position in the common law, civil and mixed jurisdictions were considered. Chapter five also examines unjust enrichment and restitution in three party situations in a comparative analysis.