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WHETHER FILING OF STATEMENT OF DEFENCE TRANSLATES TO DEFENDANT WAIVING HIS RIGHT TO INVOKE ARBITRATION CLAUSE

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An Arbitration Clause is a provision in a contract requiring parties to resolve any future disputes through a private arbitrator or panel of arbitrators, rather than through a traditional lawsuit in a court (litigation). Even where there is an ongoing lawsuit in court and a defendant has filed his statement of defence, it does not waive his right to invoke an existing arbitration clause.
 It is a trite principle of law that when parties entered into a contract, they are bound by the terms and clauses contained therein. Thus, where parties agree to include an arbitration clause in their contract, such agreement is enforceable and binding on them. It is also a well-established principle of procedural law that once a claimant serves their Statement of Claim, the defendant is naturally required to file a Statement of Defense to protect their interests. However, a crucial question arises where the contract between the parties contains an arbitration clause: Does the act of filin...
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SOLACE MAGAZINE AND LEGAL BITS COMPENDIUM UNVEILING

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SOLACE MAGAZINE AND LEGAL BITS COMPENDIUM UNVEILING  As part of the enduring contributions of Solace Chambers , we are pleased to announce the launch of the 3rd Edition of the Solace Chambers Magazine and the 1st & 2nd Editions of the Solace Legal Bit Compendium —publications dedicated to promoting legal scholarship , intellectual engagement , and the culture of excellence within the Chambers. We sincerely appreciate all members especially the Media and Publicity  Directorate (acting as the Editorial Board ) and the Research and Litigation Directorate whose contributions and commitment made this administration impactful. We enjoin members of the public to take  time to glance through. Access link are as provided below:  Solace Magazine: https://drive.google.com/file/d/1Y3qmx-12Q2UPrlK8Uqd7xtr6IIHi2hdA/view?usp=drivesdk Solace Legal Bits Compendium (1st Edition): https://drive.google.com/file/d/1qRoWdh-lA3isEOybr9dEEsmjyok41Lmm/view?usp=drivesdk Solace Legal Bit...
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The Renewal of Solace Chambers Free NWLR Login

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SOLACE CHAMBERS, FACULTY OF LAW, BAYERO UNIVERSITY KANO Proudly Announces The Renewal of Solace Chambers Free NWLR Login The Solace one-year free online NWLR for BUKLAW Students and all students of law. To be used for legal research, moot and mock trials, assignments, exams, among others. How to Gain Access 1. Visit NWLR online via: https://nwlronline.com/auth/login . 2. Login using the details below.      Username: solacebuklaw@gmail.com      Password: @solacechambersBUK02 3. Click on the "search for a case or principle" box. Type your search or input the name of any case you are looking for.  4. Click on the Search button. Confirm the exact case or court holding you want.  Sponsor: Kabir Nizam Baba, Esq, AICMC (Former Attorney General, Solace Chambers) Visit our website: www.solacechambersbuk.com.ng Facilitated by: Executive Council (2024/2025 Academic Session) Led by Muhibudeen, Qosim Atanda.
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A REVISIT ON THE TIME FRAME WITHIN WHICH THE PROSECUTION CAN APPEAL AGAINST A CONVICTION AND SENTENCE OF DEATH AND OTHER CAPITAL OFFENCES

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The prosecution now as against previous position of the law can appeal against a conviction and sentence of death or any capital offence within thirty days from the date the judgment is delivered and not within seven days which was the position of the law. In our previous review of the case of State Ali v. (2020) 18 NWLR (Pt. 1755) 69 the court of appeal held that the prosecution has seven days to appeal, as the Judicial etc. Officers and Appeal by Prosecutors Act of 1963 is an existing law and binding on them, also the existence of a Supreme Court decision and they lacked the power to declare it per incuriam, now in this instant case, which is recent the Supreme overruled itself and held that the Act is not an extant law and as such, it is now 27(2)(b) and of the Supreme Court Act Cap. that regulates the time within which the prosecution can appeal in a sentence of death or any capital offence. The law has been before now that where the prosecution wishes to appeal agains...
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EYE WITNESS: WHETHER A CHILD SERVES AS A COMPETENT WITNESS

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A child is a competent witness to testify, unless the court considers that he is prevented from understanding the questions put to him or the court considers that he is prevented from giving rational answers to questions put to him.
 By Sections 175(1) and 209(1) of the Evidence Act, 2011, a child is a competent witness to testify, unless the court considers that he is prevented from understanding the questions put to him or from giving rational answers to questions. In any proceedings in which a child who has not attained the age of fourteen years is tendered as a witness, such child shall not be sworn and shall give evidence otherwise than on oath or affirmation, if in the opinion of the court, he is possessed of sufficient intelligence to justify the reception of his evidence and understands the duty of speaking the truth. Thus, before receiving the evidence of a child under the age of fourteen years, the trial court must first satisfy itself that the child has sufficien...
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ON WHETHER DEMEANOUR PER SE DETERMINES CREDIBILITY OF WITNESS

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Demeanour refers to the outward conduct, behaviour, attitude, and manner of a witness while giving evidence before a court of law. It includes how a witness speaks, responds to questions, reacts under cross-examination, and generally presents themselves in the witness box. In judicial proceedings, demeanour is observed by the trial judge as part of the process of assessing credibility; however, it is not determined by appearance alone but is considered alongside the substance, consistency, and reliability of the evidence given. Demeanour is tenuous and fluid, hence, can be misleading and can sometimes be subjective. Therefore, where the evidence of the witness before the court centers on an account of events or incidents which the witness claim to have witnessed, more objective yardsticks such as the distance between the witness and the location of the incident witnessed, the hour of the day ,the state of lighting at the location, the likely motive of the witness and wheth...
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Call for Articles & Poetry – Solace Magazine (3rd Edition)

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The Media and Publicity Directorate of Solace Chambers, Faculty of Law, Bayero University, Kano,  invites members to submit original articles, legal opinions and poems for publication in the upcoming 3rd Edition of the Solace Magazine. Submission guidelines are as follows:  - Must be original, AI-free content and not previously published on any publishing website. - Must be submitted in doc format. - All submissions must include: Full Name, Level, Phone No, and Professional Headshot. - All entries to be sent to solacebuklaw@gmail.com with the subject line: “ Solace Magazine 3.0 Submission ”. - Word Count (For Articles & Opinions): Simple Articles: 450–700 words WHILE  FOR In-Depth Articles Articles: 900–1,200 words  (subject to directorate’s approval) - Line Count (for Poetry): Minimum: 12–18 lines & Maximum: 28–32 lines Submisssion Deadline:  10TH JANUARY, 2026 . For enquiries and sponsorship: CONTACT: 07034731185 , 09063653547
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