English law Flashcards
(11 cards)
Reception clauses
Ordinance No. 3 of 1863- Jan 1, 1863.
32 of the Interpretation Act— 1900.
14 of Supreme Court Order— in force within the jurisdiction
SOGA
Section 315 makes it an existing law
Has to go through
Rough but not infallible test.
AG v. John Holt— Osborne CJ
What is rough but not infallible test??
All civil and criminal courts can apply
All classes of England.
Infant Relief Act, (all persons in a class)
Young v. Abina
Plaintiff said it shoulf be for all UK. Scotland kor? It’s civil law Irrelevant law for us
Temporal limitation
If repealed before 1900, not applicable
After, still applicable.
Section 32 of Interpretation Act
1) legislative competence
2) align with local circumstances
3) mustn’t conflict
Courts can make tiny verbal alterations to make it fit better..
Adeoye v. Adeoye— the phrase “UK and Channel Islands” wasnt applicable in Northern Nigeria.
Mustn’t conflict
Section 1(3)
UTB v. Koleosho
Common law and equity are adopted based on
Need
Persuasive authority
Local legislation will override English Law - UTB v. Koleosho
Adetoun v. Nigerian Breweries
It’ll be erroneous to hold that such principles remain foreign in nature.