FOREIGN LAW MUST BE PLEADED

• Date: 06 February 2019

"Where the law in question is a foreign law, a question of fact arises. It must be pleaded. Expert evidence may be led and a decision arrived at by the Court of trial without inviting the foreign country, concerned. The Court may refuse to enforce the decision of a foreign Court where the domestic Tribunal finds suo motu the foreign Court has no jurisdiction. See: Pemberton v. Hughes (1899) 1 Ch. 781 as per Lord Lindley M.R. But where the law is that of another State in the Federation a judicial notice of that is taken." - Per Eso, J.S.C. in Peenok Investments Ltd v. Hotel Presidential Ltd. Suit No...