CHIEFTAINCY LAW ā Judicial Review in Chieftaincy ā Applicable Declaration Is Law in Existence at Time Cause of Action Arose
Principle Statement
The applicable law is the law in existence at the time the cause of action arose, not the law in force at the time jurisdiction was invoked.
Ratio Decidendi (Source)
Per Tobi, JSC, in Adesanoye & Ors v. Adewole (2006) NLC-123-171-2004(SC) at p. 10; Paras EāA.
"The first issue I should take is the applicable Declaration in this matter. Is the applicable Declaration the Osamawe of Ondo (Chieftaincy Declaration) 1958 or the Osamawe of Ondo (Chieftaincy Declaration) Order 1991? Let me take the first principle of law and it is that the applicable law is the law in existence at the time the cause of action arose and not the law in force at the time the jurisdiction of the Court was invoked."
Explanation / Scope
Chieftaincy declarations in force when cause of action arose apply, not later ones. The principle applies to chieftaincy law.
