The position of the law is that a person who was not a party to a suit at the trial court can appeal to the court of appeal as an interested party but to do that he must seek the leave of the court and such leave cannot be subsumed into a trinity prayer because the leave is a condition precedent and failure to obtain it renders the court incompetent to assume jurisdiction and the trial court is the most appropriate court from where the leave should be seek first. This position of law was reiterated by the Supreme Court in the case of F.A.A.N V. Bi Courtney Ltd. (2025) 7 NWLR (pt. 1989) 365. The brief narration of the fact of the case and what led to the above pronouncements by the Apex Court is that The Federal Government of Nigeria granted a concession to Bi Courtney Limited(1st respondent) for the redevelopment of the fire-razed Murtala Mohammed Airport Domestic Terminal 2 (MMA2) in Ikeja, Lagos, under a Build, Operate, and Transfer (BOT) arrangement. The concession ...
If there are two conflicting laws applicable to a circumstance, situation or fact, it bears the question of which of these two conflicting laws shall be considered and applied. One cannot just take any one based on speculative mind since the law has to be certain. In this vain, this piece brings to you a thorough research of the subject matter with adequate authorities. The maxim “ Leges posteriores priores contrarias abrogant ” is translated as “ [s]ubsequent laws repeal prior conflicting ones” — See Black's Law Dictionary (8th ed. 2004), Page 5327. To put differently, later laws abrogate earlier contrary ones. It is a principle which states that, where two laws or legal instruments conflict, the one adopted later in time, rather than the one adopted earlier, is considered binding on the relevant parties. That is, when two statutes conflict, the one enacted last prevails. The provisions of a later document are contrary to those of an earlier, the earliest must ...
Every society is said to prosper always where there are effective and enforceable rules and regulations. Before the coming of the Noble Prophet of Islam, Muhammad (SAW), people lived in a lawless and dark period (otherwise known as Jahiliyyah ). Dark period because of the barbaric and inhumane acts that have taken place. It does not mean that there were no laws in the Jahiliyyah period, no. But the laws were not effective and were also harsh and inhumane. Time went on for many years. At one point in time the last and leader of the prophets and messenger of Allah, that is, prophet Muhammad (SAW) emerged. The prophet (SAW) was sent to the generality of mankind to right the wrongs in the society, and he was also sent as a blessing and mercy to the generality of mankind. ‘’ We sent thee not, but as a mercy for all creatures’’ - Q21:107 On the other hand, England, like the ancient community of Arabs, had a set of principles or rules which were formed based on the ...
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