The Applicability in Nigeria of the English Extended Frontiers in Conflict of Tort Law

Source: OAI


CURRENT JOS LAW JOURNAL A major source of Nigerian Law is the received English Laws. At a time this remained the highest source of Nigerian Law and was constituted of the Common Law of England, doctrines of equity and statutes of general application that were in force in England on the 1st day of January, 19001 and some other imperial legislations enacted by the British parliament and the Crown which applied directly to Nigeria.2 The Nigerian rules of Conflict of Laws like the general Nigerian Law are derived primarily from English Law. Other sources are, Nigerian Legislation and Case Law, and Public International Law. Judicial decisions from outside Nigeria except as decided on the Common Law does not constitute a primary but an analogous source in Nigeria. The English general rule in Conflict of Tort Law in Phillips v. Eyre3 is applicable in Nigeria primarily as a received rule of Common Law. Since Phillips v. Eyre, the English Law on the subject has been given some new dimensions - which may be said to be extended dimensions through some other judicial pronouncements

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