AN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA


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TABLE OF CONTENT

Title page
Abstract
Table of Statutes
Table of Cases
Table of Abbreviations
Table of Contents

Chapter One
GENERAL INTRODUCTION
1.1       Introduction
1.2       Statement of the Problem
1.3       Scope Of The Research
1.4       Research Methodology
1.5       Literature Review
1.6       Justification For The Research
1.7       Organizational Layout

Chapter Two
CONCEPTUAL CLARIFICATIONS AND THE DEVELOPMENT OF DOMICILE IN NIGERIA
2.1       Introduction
2.2       Conceptual Clarifications
2.3       Development Of Domicile In Nigeria
2.4       Forms Of Domicile
2.4.1    Domicile of origin
2.4.2    Domicile of choice
2.4.3    Domicile of dependence

Chapter Three
LEGAL FRAMEWORK OF THE LAW ON DOMICILE IN NIGERIA
3.1       Introduction
3.2       Rule 1: Nobody shall be without a domicile
3.3       Rule 2: The rule prohibiting two domiciles
3.4       Rule 3: Domicile connotes a connection with a territorial system of law
3.5       Rule 4: The presumption of continuance of existing domicile
3.6       Rule 5: Determination of domicile according to Nigerian law

Chapter Four
ALTERNATIVES TO DOMICILE AS A CONNECTING FACTOR
4.1 Introduction
4.2Demerits of Domicile As A Connecting Factor
4.2.1    Uncertainty
4.2.2    Technicality
4.2.3    Proof of intention to change domicile
4.3       Nationality As A Connecting Factor
4.4       Habitual Residence as a Connecting Factor

Chapter Five
SUMMARY AND CONCLUSION
5.1       Summary
5.2       Findings
5.3       Conclusion
5.4       Recommendations
BIBLIOGRAPH



ABSTRACT


This research project entitled ‘AN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA’, is aimed at examining the legal framework of the law relating to the concept of Domicile in Nigeria. However, in the course of this research, the finding of the researcher is that there is a gaping hole in the application of the rules of Domicile especially that of Domicile of Choice in inter-state situation like Nigeria. For instance, according to the traditional concept, the rule of Domicile is to the effect that, to acquire a Domicile of choice, a person must satisfy, amongst others, a principal condition that he must have an intention of remaining in a country or place permanently or at least, indefinitely. This is not practically possible or feasible in Nigeria. Nigeria is a country made up of many States with various ethnic flavors where there is a high mobility of persons as a result of inter-marriages, work and search for ‘greener pastures’. The need to address this unsuitable circumstance constitutes the justification for this research. In the light of this, therefore, the objective of this research is to identify the challenges of the present practice to make viable recommendation as a way forward to addressing the challenges identified. In the final analysis, this research work is concluded by recommending, amongst others, that there should be a consideration of habitual residence as a requirement for acquisition of Domicile of choice rather than intention to reside permanently in a place. The research methodology relied upon will be doctrinaland the sources of information include relevant text materials, statutes, judicial decisions, journals and internet sources.




CHAPTER ONE


GENERAL INTRODUCTION


1.1                                                         Introduction


The concept of Domicile had its evolution from the 13th Century Italy as a result of the teachings and commentaries of a group of jurists known as the Post-glossators. The Post-glossators were distinguished jurists attached to the Law schools of Bologna, Padua, Peruggia and Pavia in Italy. Pre-eminent amongst these jurists was Bartolus Sassoferato, successive Professor of Law at Bologna, Pisa and Peruggia who may aptly be described as the „Father of Private International Law‟ or what is usually referred to as Conflicts of Law.1

The Post-glossators originated a theory called „Statute theory‟ and by this theory, they interpreted each statute in any local territory in order to ascertain its object and thus, its rightful sphere of application. To this end, they classified each law that concerns a person or thing, into three categories namely, real, personal or mixed law. A real statute is one whose principal object is to regulate things; a personal statute is one that chiefly concerns persons whereas a mixed statute concerns acts such as the formation of contract. According to the Post-glossators, real statutes are essentially territorial. Their application is restricted to the territory of the enacting sovereign. Personal statutes, on the otherhand, applies only to persons domiciled within the territorial jurisdiction of the enacting Sovereign, but.....
 

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