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Dentons ACAS-LAW | Nigeria | 16 Jun 2022
Ship Finance in Nigeria
Dentons ACAS-LAW | Nigeria | 7 Sep 2020
Practice and Procedure for the Issuance and Use of Subpoenas Under the Nigerian Legal System
Subpoena is a potent tool available for any party in the course of dispute resolution before a court, particularly a trial court in Nigeria. It is a…
Dentons ACAS-LAW | Nigeria | 20 Dec 2016
Federal High Court clarifies rule regarding alternative security to secure release of oil rig
The Federal High Court recently varied an arrest order against an oil rig, in which its release was made conditional on the provision of a bank guarantee in the amount of the plaintiff's claim only. This decision is commendable, as the Nigerian courts have previously restricted the security that shipowners can provide to the value of a claim, thereby depriving shipowners of the alternative......
Dentons ACAS-LAW | Nigeria | 6 Sep 2016
Court rules garnishee proceedings cannot continue when stay of execution has been filed
While the filing or granting of a motion for a stay of execution will stop the enforcement of a judgment by writ of execution, some judicial authorities have ruled that a motion or order for a stay of execution does not stop garnishee proceedings to attach funds belonging to the judgment debtor in a bank or third parties. However, in a ground-breaking decision, the Court of Appeal recently......
Dentons ACAS-LAW | Nigeria | 7 Jun 2016
Procedural requirements for issuance of originating process: judicial revolt
Under Nigerian civil procedure, a litigant that wishes to commence proceedings against an adverse party that is resident in another jurisdiction must seek leave of a judge at the place of issuance to issue and serve the originating processes on the respondent in the jurisdiction where it is resident. However, the effect of non-compliance with this requirement has been the subject of much......
Dentons ACAS-LAW | Nigeria | 24 May 2016
Service of originating processes – to seek leave or not?
A writ of summons issued out of any state court may be served on the defendant in any other state. Under the rules of the Federal High Court, leave of court is required for service of a writ of summons. However, while the requirement to seek leave leaves no room for argument regarding originating processes issued under the civil procedure rules of the state high courts, the position of the......
Dentons ACAS-LAW | Nigeria | 16 Feb 2016
Power of courts to order anti-arbitration injunctions in foreign arbitration proceedings
In a recent decision the Court of Appeal held that it and the Federal High Court have jurisdiction to order anti-arbitration injunctions. Whereas the Arbitration and Conciliation Act had previously been interpreted as precluding courts from interfering in arbitral proceedings, it appears the current view is that the courts can intervene in foreign arbitration proceedings by granting......
Dentons ACAS-LAW | Nigeria | 22 Dec 2015
Can NIC decisions be appealed? Conflicting decisions of the Court of Appeal
Due to a confusing provision in the Constitution, appealing a decision of the National Industrial Court (NIC) to the Court of Appeal presents an enormous challenge. Two recent conflicting decisions of the Court of Appeal underscore the urgent need for intervention from the National Assembly to enact a law or amend the Constitution in order to confer appellate jurisdiction on the Court of......
Dentons ACAS-LAW | Nigeria | 22 Sep 2015
National Industrial Court upholds validity of training bonds in aviation industry
It is normal practice in the aviation industry for airlines to sponsor their pilots' technical training. Such airlines use training bonds which bind the sponsored pilots to remain in the service of the sponsor airline for a specified period. The National Industrial Court was recently faced with the question of whether a training bond could be enforced against a pilot who had changed employer......
Dentons ACAS-LAW | Nigeria | 15 Sep 2015
Extent of insurer liability to third parties in respect of insured risk
The Lagos Court of Appeal recently reaffirmed an exception to the common law position that a third party cannot join an insurer in a suit against the insured in respect of an insured risk. One of the major issues for determination in the case was whether the lower court was right to dismiss the claim against an insurer on the grounds that there was no privity of contract between it and the......
