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Sifax v. Migfo and Limitation Laws in Nigeria: Triumph of Pragmatism over Formalism?

Authors :
Olatoye, Kareem
Yekini, Abubakri
Source :
African Journal of International & Comparative Law; Nov2020, Vol. 28 Issue 4, p577-595, 19p
Publication Year :
2020

Abstract

The recent pronouncement of the Supreme Court of Nigeria in Sifax & Ors v. Migfo & Anor reveals the desirability of a pragmatic as against a formalistic approach to Nigerian limitation laws. This article critically examines Sifax and seizes the opportunity to flag up the inadequacies in the extant limitation laws in Nigeria. The article argues that a total overhaul of the limitation laws is long overdue as they are not only old-fashioned and ambiguous but also produce undesirable results. It predicts that it is very unlikely that any legislative intervention may be witnessed in the nearest future. Therefore the article suggests that the courts must continue to fill the gaps by a pragmatic interpretation of the laws within the bounds of the general policy objectives of the limitation laws. It advocates comparative judicialism as a useful methodology to achieve this task. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
09548890
Volume :
28
Issue :
4
Database :
Complementary Index
Journal :
African Journal of International & Comparative Law
Publication Type :
Academic Journal
Accession number :
146948727
Full Text :
https://doi.org/10.3366/ajicl.2020.0340