According to the Interpretation Act and the Order of the Supreme Court, the laws of general application are those in force in England on 1 January 1900. Unfortunately, this definition is not enough. For this reason, the courts have clarified in detail what is contained in the laws of general application. Although Nigeria is independent, the English legal system plays a major role. For example, p. 32 of the interpretation makes the common law, equity and statutes of general application applicable in Nigeria. Even if you look at the courts, English common law has a great influence. Even the doctrine of judicial primacy testifies to the influence of English law. In addition, the Interpretative Act provides in Section 32(2) that such foreign laws would apply to Nigeria only to the extent of local jurisdictions and circumstances. For example, in Idehen vs idehen, the Supreme Court rejected the application of the Wills Act of 1837 (a law of general application) because there was a local law; the Law of Wills of Western Nigeria. Is it article 32 or 45 because we have received § 45 and if you are looking for § 45 of the interpretative laws, it says the same thing about laws of general application, please sir, can you explain the whole Nigerian source of the law Please have a task here, I do not know how to do it, “Land tenure system under English law received” I would be happy, if you can help.
Preserved English law was imported from England to Africa. Research also shows that the white imperialist came to Africa and thus imposed its system of government by law. They did this to dominate or control the economic resources of Africans. They also came with religion to control the mentality of Africans. The English law obtained consists of 1.la common law 2.doctrine of equity 3.statutes of general application From the above, it is clear that we have inherited the common law of England, the doctrines of equity and the laws in force before 1900 with general application. Most people already have an idea of what common law and fairness are (if not, see Types and classifications of law). The ambiguous term here is “statutes of general application”. This meaning of the term would be explained below. Finally, in Young v Abina, the West African Court of Appeal declared the Land Transfer Act 1897 to be a law of general application. This is because it applied to all persons who died after January 1, 1898, and was in effect on January 1, 1900. Pls I was doing research for my task and got stuck. Whether an English law is of general application to be applied in Nigeria is uncertain and controversial.
Discuss. Thank you very much for your help. Pls I need more recent cases on the law of general application in Nigeria, why are laws of general application associated with the date of January 1, 1900. Is there anything essential or remarkable about the date? Good morning, sir. Isn`t the English law received more a primary authority than a convincing authority? In Western states, there is a law on the sale of goods enacted by the state legislature. But in other parts of Nigeria where there is no local law on the sale of goods, the law on the sale of goods still applies because it is a law of general application. In Lawal v Younan, the court ruled that the Fatal Accident Act of 1846 and the Fatal Accident Act of 1864 are laws of general application because they affect all citizens. Hello, sir, I need your help on this. Discussing the precedent of jurisprudence I was taught that it is included in section 45 of the Interpretative Act Also in Alli vs Okulaja, the plaintiff sued the defendant for damages for injuries caused by the defendant`s negligence. The defendant filed a motion for a stay of proceedings until the plaintiff was examined by his doctor.
The defendant relied on the English Court of Appeal`s case of Edmeads vs Thames Board mills ltd, in which the judge allowed the defendant to hear the plaintiff. However, Judge Beckley ruled that a decision of the Court of Appeal of England is not binding on a Nigerian court. It is convincing at best. Olamide is an avid reader who believes that no knowledge is wasted. If he doesn`t surf the Internet, he would do something else to get more information, whatever it may be. See the Infant Relief Act of 1874. Statutes of Frauds 1677, Sale of Goods Act 1893 Comment It is absolutely nice for someone to think about questions that will help them achieve any goal in life. Thank you, sir. Sir, I want to know more about customary law and what the law of evidence says about it It was a new year. The beginning of a new century – the 20th century.
CAN YOU LIST AT LEAST FIVE GENERAL STATUTES? Please, how is the English law received relevant to Nigerian legislation after independence In Attorney General vs. John Holt and Co Ltd , Osborne CJ. Decided that laws of general application are laws that are enforced by all civil and criminal courts and that are binding on all citizens. He called this a crude but not infallible test of the authenticity of a status of general application. It is an interesting legal research work with professional expertise. Pls in Dede vs African Association LTD I`m confused is that SOGA means laws that apply throughout the UK or only in England Good day. I will probably do this in a future article as it would be impossible to do all this in one comment. Discuss how the lawsuit is brought in the District Court Post the necessary provision of the law so that I can read it.
Best of all, you can subscribe to my email list so you can email me whenever you need something. That is excellent, Mr. Olamide continues with good work Very useful article Sir. I have a question: Has Parliament passed laws that take precedence over the Sale of Goods Act, 1893 with respect to commercial law or rather commercial law? Sir, I have a question in a task. Determining the actual content of preserved English law is like walking through a maze. Discuss? Please sir, sir, can give me some cases under the Sale of Goods Act 1893 Please I need help! Can you please tell me about an in-depth controversy about the English laws preserved in Nigeria? 100 Avenue.