Yearly Archives: 2024

The Finality of the ICJ’s Ruling on Bakassi: Why Nigeria Cannot Reclaim the Peninsula

Levi I. Shaapera, Esq. The Finality of the ICJ’s Ruling on Bakassi: Why Nigeria Cannot Reclaim the PeninsulaLEIS LAW INSIGHT: WK35/D281/24 The International Court of Justice (ICJ), or colloquially the World Court, is the only international court that adjudicates general disputes between nations, and gives advisory opinions on international legal issues. It is one of the six organs of the United Nations (UN), and is located in The Hague, Netherlands. The ICJ…

Uberrimae Fidei and Its Jurisprudential Anchorage in Marine Insurance

Levi I. Shaapera, Esq. Uberrimae Fidei and Its Jurisprudential Anchorage in Marine InsuranceLEIS LAW INSIGHT: WK18/D121/24 Uberrimae Fidei, a Latin phrase denoting utmost good faith, forms the cornerstone of insurance law, necessitating an exceptional level of candor and transparency between contracting parties. This doctrine is particularly pivotal within the sphere of marine insurance, where it…

Contempt and Contestation: The Ensured Right to Dispute Court Orders in Defiance

Levi I. Shaapera, Esq. Contempt and Contestation: The Ensured Right to Dispute Court Orders in DefianceLEIS LAW INSIGHT: WK17/D117/24   In the realm of contempt proceedings, a fundamentally recognised legal principle posits that any individual deemed in contempt of a court’s order is customarily prohibited from seeking remedial measures from the court so long as…

The Burden of Proof in Seeking Declaratory Relief

Levi I. Shaapera, Esq. Understanding the Burden of Proof in Seeking Declaratory ReliefLEIS LAW INSIGHT: WK17/D115/24 In the pursuit of declaratory relief within legal proceedings, it is imperative to acknowledge that the burden squarely lies on the party seeking such relief to establish their entitlement. The Insight: Declaratory relief is deemed an equitable remedy and…

Addressing Verbosity and Inelegance in Grounds of Appeal

Levi I. Shaapera, Esq. Addressing Verbosity and Inelegance in Grounds of AppealLEIS LAW INSIGHT: 365/116/24 The meticulous drafting of grounds of appeal and their particulars stands as a vital linchpin in ensuring the effectiveness of legal arguments presented before the court. However, it is not uncommon for respondents to express dissatisfaction with the verbosity, argumentativeness,…

The Significance of Signatures on Documents

Levi I. Shaapera, Esq. The Significance of Signatures on DocumentsLEIS LAW INSIGHT: 365/113/24 When evaluating the validity and binding nature of documents in legal proceedings, it’s essential to consider the presence of signatures, as highlighted in the decision of Alikor v Ogwo & Ors. (2019) 15 NWLR (Pt. 1695) 331@ 369 per Augie, JSC. The…

The Crucial Role of Affidavits in Garnishee Proceedings in Nigeria

Levi I. Shaapera, Esq. The Crucial Role of Affidavits in Garnishee Proceedings in NigeriaLEIS LAW INSIGHT: 365/111/24 An affidavit in support of an application for an order nisi confers jurisdiction on courts to entertain garnishee proceedings in Nigeria. Therefore, when applying for a garnishee order nisi, it is crucial to adhere strictly to the law,…