AN APPRAISAL OF THE JURISDICTION COURTS IN ASCERTAINING THE APPLICABLE LAW OF TORTS IN CONFLICT OF LAWS SITUATION

Conflict of laws is an aspect of law which deals with conflict between different legal systems, whether at international or domestic levels. This aspect of law is mostly used to resolve the conflict between legal systems where parties to it come from different jurisdictions. There is generally uncertainty in the application of law of torts in conflict of laws situation in Nigeria especially where a foreign element is involved, which puts the court in a dilemma as to whether it should follow the forum law or foreign law? This uncertainty is normally caused by the fact that there are several factors to be considered in order to arrive at the applicable choice of law. The paper through doctrinal research methodology, appraises the applicable law of torts in conflict of law situations in Nigeria, in cases of internal conflict of laws and those with foreign elements. The paper finds that the problems which dominate cases with foreign elements is the issue of jurisdiction, especially where more than one territorial are is involved. It is therefore, partly recommended that the use of the English courts’ rules in ascertaining the applicable law of torts in conflict of laws should only serve as a guide to Nigerian courts, not as a binding one that has absolute application in all cases.