ISSUES WITH DE NOVO TRIAL OF COMMERCIAL CASES IN NIGERIA

Authors

  • Levi Pius Bolarinwa Department of Private Law, Federal University Oye-Ekiti, Ekiti State, Nigeria,
  • Temitope Akinleye Oluwabunmi

Keywords:

Issue, De novo, Commercial Cases

Abstract

De novo is a valid legal rule in the administration of justice which spans across our jurisprudence. The nature of commercial/financial litigations is averse to this principle given the dispatch or exigency of transaction or commerce. This paper examines continued application of the principle to commercial disputes. It analyses the inertia of our legislature to expunge or reform the use of de novo in commercial disputes proceedings; It further appraises the inadvertence of our judges or legal minds in promoting continuation of commercial cases even before a new judge so far, every stage of the proceedings has been fair and just. It examines the negative effects of de novo rule on our commercial jurisprudence. The paper finally highlights needed reforms.

Author Biographies

Levi Pius Bolarinwa, Department of Private Law, Federal University Oye-Ekiti, Ekiti State, Nigeria,

Lecturer in the Department of Private Law, Federal University Oye-Ekiti, Ekiti State, Nigeria.

Temitope Akinleye Oluwabunmi

Department of Public Law, Federal University Oye-Ekiti, Ekiti State, Nigeria,

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Published

2023-05-11

Issue

Vol. 9 No. 3 (2022): NNAMDI AZIKIWE UNIVERSITY JOURNAL OF COMMERCIAL AND PROPERTY LAW

Section

Articles