Gauging the Current Position of the Principle of Domicile in Nigeria

ABSTRACT

The paper is an overview of the essentials of domicile. Its origin and historical background is analysed fully to the point where it became part of English law applicable in most common law jurisdictions. Domicile is also differentiated from similar concepts such as nationality and residence which is substituted for domicile in some jurisdictions. Furthermore, the classifications of domicile as given by English common law is given and explained in detail. The problem tackled by this article is the existence of domicile of dependence and its implication. The article is a critique of the domicile of dependence and the country’s position on the principle itself as it is still an area of law in Nigeria of great uncertainty and requires judicial activism. This being said, the article goes further to provide solution to the problem aforementioned through recommendations. These recommendations are geared to provide some form of certainty on the age old issue.

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