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An Almanac of Contemporary Judicial Restatements (With Commentaries) Revised Edition: by 'Lai Oshitokunbo Oshisanya

An Almanac of Contemporary Judicial Restatements (With Commentaries) Revised Edition Price: N150000
Product Code: 1430128018
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Number of Pages: 891
Binding: Paper Back
Publisher: Almanac Foundation
Edition: Revised edition
ISSN: 9789785120066
Availability: To be delivered within 1 to 3 working days
Summary: This volume of the almanac strings together court pronouncements on what is essentially procedural law. Notably the procedural law dealt with in this volume are those essentially based on rules of procedure and procedural law. Other matters that are not about merits of a case are dealt with in Volume ia on administration of justice.

The importance of procedural law is best appreciated with what is defined as erga omnes obligation of courts to strictly abide with due process of law as they would in substantive law. This view is an offshoot of due process, and it is indispensable to the just dispensation of justice. However with respect to this volume, note must be taken that the concept of the almanac is not exhaustive in compartmentalising every nature of judicial activity As a result, some procedural matters that bear greater significance under the titles (compartments) of subsequent volumes in the series are dealt with in those volumes.

The pronouncements of courts ever so often appear similar but upon a proper reading, it would be discovered that some phrases mark a distinctive use or pronouncement on an issue. This is where perspectives introduce intrigue in adjudication. It is for this reason that the footnotes (though not exclusively) capture as many phrases that express how the courts arrived at decisions. It should be borne in mind that the application of facts leading to similar legal situations in different cases would justify the invocation of an earlier dictum. The invocation of earlier dictum however cannot be appreciated without appreciating the peculiar situation of each set of facts leading to the invocation of precedents in judicial exercise.

The main text comprises in most cases the general propositions of law and trite law; while the development and extension of the general principles of law are presented or discussed in the footnotes. However, this not an exhaustive or watertight format. Footnotes are also used to demonstrate how far different pronouncements adopt a dictum or the limits of the application of general principles of law to each case.

Colons serve the purpose of indicating where the decision for the text of the subject matter discussed is located. The same applies to some jurisdiction where citations utilise colons to show suit numbers as distinguished from the law reports. Quotations are limited for the reason that this almanac is mainly a summary that paraphrases the principles of law that can be distilled from judicial pronouncements on issues.

Peculiar to the presentation of the various stipulations of the views of courts, is that they are generally paraphrased in this book. The views are rarely conveyed by quotations, but as stipulations of law.

The reader should however, be careful to identify instances where positions or issues of law are merely stated or mentioned in a case without significant interpretation or application; and where cases are similarly, cited, but not more than mentioned. There are also incidences of paraphrasing without further interpretation; and other instances of citation or quotation of rules and cases, without interpretation. This is where the industry of the lawyer is required to distil the principles of the law.

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