Africa: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
How To Sue For Medical Negligence In Nigeria
When a healthcare provider's negligence causes you harm in Nigeria, the law provides clear pathways to accountability and compensation. Understanding the four essential legal elements—duty of care, breach, causation, and damage—is critical to building a successful medical malpractice claim. This guide walks you through the statutory rights, procedural requirements, and strategic steps needed to navigate Nigeria's complex medical negligence framework.
Nigeria Litigation
OA
Olisa Agbakoba Legal (OAL)
Article
Is A Motion To Set Aside A Garnishee Order Nisi Truly Unknown To Nigerian Law? (THE SUPREME COURT’S DECISION IN VITACHEM (NIG.) LTD. v. DSM SINOCHEM PHARM. I.P. LTD. (2026))
The Supreme Court of Nigeria has ruled that judgment debtors cannot file motions to set aside garnishee orders nisi, declaring such applications unknown to Nigerian law. This decision in Vitachem (Nig.) Ltd. v. DSM Sinochem Pharm. I.P. Ltd. fundamentally reshapes enforcement practice by clarifying that the only lawful response to a garnishee order nisi is a counter-affidavit to show cause, not a freestanding motion to set aside.
Nigeria Litigation
TT
The Trusted Advisors
Article
Medical Negligence Claims And Limitation Periods In Nigeria: When Does Time Start To Run?
When a patient discovers years after surgery that medical negligence caused their injury, can they still bring a claim? This article examines Nigeria's limitation laws for medical negligence cases, exploring the critical gap between when harm occurs and when patients reasonably discover its cause, and whether current legal frameworks adequately protect those with latent injuries.
Nigeria Litigation
OA
Olisa Agbakoba Legal (OAL)
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Article
Who Found The Yacht? Brokerage Commission, Causation, And ChatGPT In Cecil Wright & Partners v. Storonsky
Revolut’s co-founder and CEO, Nik Storonsky, is facing a claim in London’s High Court from yacht brokerage Cecil Wright & Partners over the purchase of the 102-metre, reportedly €350 million, superyacht Nixie. Cecil Wright filed its claim in July, alleging that it introduced the yacht and was the “effective cause” of the transaction despite ultimately being excluded from the sale.
Nigeria Litigation
OA
Olisa Agbakoba Legal (OAL)
Article
Beyond The Mere Witness: Compelling Third‑Party Disclosure To Identify Wrongdoers In Nigeria
For most of the history of civil procedure, a person who stood wholly outside a dispute, who had done no wrong and owed no duty, could not be drawn into a separate action brought solely to extract information from them. This foundational principle, known as the mere witness rule, protected individuals from being compelled to provide information in disputes to which they were not a party.
Nigeria Litigation
SK
Streamsowers & Kohn
Article
Who Wrote The Award? Artificial Intelligence Decided Awards As The Next Frontier For Challenging Arbitral Awards: Lessons From ARIHQ v Santé Québec And LaPaglia v Valve Corporation
The emergence of generative artificial intelligence in arbitration raises fundamental questions about the legitimacy of arbitral awards when AI assists in decision-making. Two landmark cases examine whether extensive AI reliance by arbitrators constitutes impermissible delegation of their adjudicative function, and whether existing legal frameworks can adequately address these novel challenges.
Nigeria Litigation
GE
G ELIAS
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Article
Brief Commentary On The Changes Made On The New Mass Media Proclamation Of Ethiopia
The new Mass Media Proclamation 1238/2021 has introduced significant changes to the previous legal regime governing the media. The law has introduced commendable legal provisions that provide greater protection and space for media freedom as well as more flexibility with regard to investments in the media industry. In this brief commentary, we will provide the major changes made in the new Mass Media proclamation briefly.
Ethiopia Media & IT
5A Law Firm LLP
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Article
Rei-Iman v Succeed Capital And What It Means For Private Credit In Kenya
A Kenyan High Court ruling has determined that unlicensed lenders cannot enforce loan agreements, raising fundamental questions about the enforceability of private credit arrangements and the scope of regulatory licensing requirements. With the Central Bank of Kenya yet to finalize its licensing framework, lenders face mounting uncertainty over their legal standing in recovery proceedings.
Kenya Finance
CD
Cliffe Dekker Hofmeyr
Article
Intellectual Property And Domain Names: More Than Just A Website Address
Domain names are more than website addresses—they are brand identifiers and business assets that require strategic intellectual property protection. Many entrepreneurs mistakenly believe that registering a domain automatically grants trademark rights, but Nigerian law reveals a more complex relationship between domain registration and brand ownership that can expose businesses to significant legal and commercial risks.
Nigeria IP
Regville
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Article
Third Party Motor Insurance In Nigeria: Analysing Its Evolution, Legal Framework, Compliance, And Effectiveness Under The Nigerian Insurance Industry Reform Act 2025 Vis-a-vis The United Kingdom Insurance Regime
Road transportation remains the predominant means of movement for individuals and goods in Nigeria, and one feature that has remained constant in Nigeria's transportation landscape is the steady increase in the number of motor vehicles using public roads. In densely populated commercial centres such as Lagos, thousands of private motorists, commercial transport operators, heavy-duty vehicles, motorcycles, tricycles and pedestrians interact daily within an increasingly congested road network. The inevitable consequence is the frequent occurrence of road traffic accidents resulting in death, bodily injury and substantial property damage.
Nigeria Transport
SA
S.P.A. Ajibade & Co.
Article
When A Gate Falls: Lessons In Property Owner Liability For The Insurance Industry
A South African court held a landlord liable for severe injuries sustained by a minor child when a heavy sliding gate toppled onto him at rented premises. The judgment examined whether the landlord breached his duty to maintain reasonably safe premises and whether the absence of adequate safety mechanisms constituted negligence, with significant implications for property owner liability insurance.
South Africa Real Estate
AA
Adams & Adams
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