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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 ...
If by the nature of things, a master performs his duties by employing servants or agents, he is responsible for their act in the same way he is responsible for his own acts. Qui facit per alium, facit per se principle states that ’he who acts by another acts by himself'. This review is based on the liability (including vicarious liability) of an agent acting for or on behalf of a disclosed agent. To what extent can an agent be vicariously liable acting on behalf of a disclosed principal? A short account of the fact of the case of OGBE V OJO (2024) 18 NWLR (Pt 1969) 33, the point of reference in this review, is that: in 1996, the 2nd respondent hired the 1st respondent, a Chartered Estate Surveyor and Valuer, to sell a parcel of land in Opebi, Ikeja, Lagos. The 1st respondent advertised the land, leading the appellant to contact him. The 1st respondent (at the Supreme Court but the 1st defendant at the trial Court) facilitated a meeting between the Appellant (at the Su...
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