APPELLATE PRACTICE — Jurisdiction — Applicable Law — Law in Existence at Time Cause of Action Arose
Ratio Decidendi
Per Onnoghen, JSC, in Ogboru & Anor v. Uduaghan & Ors (2011) NLC-123-361-2011(SC) at p. 16; Paras A—B:
"It is a settled principle of law that the applicable law to any cause of action is the law in existence or as it existed at the time the cause of action arose not that at the time the action was instituted or the judgment written."
Explanation / Scope
This principle establishes that the applicable law to a cause of action is the law in existence when the cause of action arose, not when the action was instituted or judgment written. The principle applies in determining applicable law. It ensures that the correct law is applied. The principle reflects the temporal application of laws. It prevents retrospective application. The court must apply the law at the time of the cause of action. The principle provides guidance on applicable law.