CLRN 2006 Index

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Facts:

In 2005, the publishers of CLRN began an innovative trend of reviewing and analysing cases decided by the courts and reported in the CLRN of that year (published in the 2005 index of reported cases) and known as CLRN annual review, and in keeping up with this, we now present this year’s index to be accompanied with a new compilation and cited as “CLRN Rev 2006”

In this year’s compilation, more subject areas like Admiralty Law, Company Law, Employment Law, Immigration Law, Petroleum Law, Arbitration, and Tax Law were covered and a number of leading commercial law firms in Nigeria were invited to contribute to the review of assigned topics. We are indebted to the contributors and their firms, as is the entire legal community for these incisive reviews.

Of notable interest in this years review is the case of ELF PETROLEUM NIGERIA LIMITED VS. DANIEL C. UMAH & OTHERS (2006) 10 CLRN 47 which involves an aspect of Petroleum Law and a radical departure from common expectations. In that case the Court of Appeal upheld the Federal High Court’s award of N25 million general damages against Elf Petroleum Nigeria Limited in compensation for the acquisition of the plaintiff’s land not withstanding the fact that the land in question was covered by an oil mining lease granted to Elf Petroleum. Ogunwumiju, JCA in that case stated “… it is unconscionable for the appellant to go on the respondent’s land and proceed to conduct oil exploration by merely waving an oil mining license awarded by whatever authority without prior recourse and recognition of the rights of the land owners”.

Also worthy of note under the subject area of tax law is the case of HALLIBURTON WEST AFRICA LIMITED V. FEDERAL BOARD OF INLAND REVENUE (2006) 7 CLRN 138 where the issue of what amounts to double taxation was clarified by the courts and finally the remarkable decision of BERNARD LONGE V. FIRST BANK PLC (2006) 1 CLRN where the Court of Appeal applied the statutory backing given to the Common Law principle of the “power to hire and fire” contained in section 11(1) of the Interpretation Act.

In this compilation there is general indexing of the subject matter and issues contained in the individual reports through the months of January 2006 to December 2006, and because of our style of employing affirmative statements in the headlines to quoted portions of the judges’ decisions, we have been able to bring the researcher closer to locating in quick time the actual decision that is being sought. The aim is to discard with the need to comb volumes of reports under a quare “on when the court can award interest” only to find that the case is not one suited to the research at hand.

The articles have been subjected to general editing where necessary. In all, we are extremely proud to record yet another first in Nigerian Law reporting. Even more gratitude for the time and energies endowed by the following commercial law firms in Nigeria: Ajumogobia & Okeke; Aluko & Oyebode; Olawoyin & Olawoyin, Ilo & Okoli; F.O. Akinrele & Co; Strachan Partners; Pearchstone & Graeys; and Professor Olusegun Yerokun.

Olasupo Shasore
Editor
supo@ajumogobiaokeke.com
January 2006

SKU: I000003-CLRN/Index2006 Category: Tags: , , ,
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