JURISDICTION — Applicable Law — Law at Time of Cause of Action vs. Law at Time of Institution
Ratio Decidendi
Per Adekeye, JSC, in Okonkwo & Ors v. Okonkwo & Ors (2010) NLC-123-296-2003(SC) at p. 16, paras. D–E:
"The relevant law applicable in respect of a cause of action is the law in force at the time the cause of action arose and the law relating to jurisdiction is the prevailing law when the action was instituted and heard. The law in both situations may not co-exist."
Explanation / Scope
This principle establishes that the law applicable to a cause of action is the law in force when the cause of action arose, while the law relating to jurisdiction is the law in force when the action was instituted and heard. The two may not be the same. The principle applies where there is a change in law between the cause of action and the institution of the action. It ensures that the correct law is applied. The principle reflects the distinction between substantive and procedural law. The court must apply the appropriate law in each case. The principle provides guidance on the applicable law.