Private International Law in Commonwealth Africa

A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

Richard Frimpong Oppong (Author)

9781316500675, Cambridge University Press

Paperback / softback, published 26 November 2015

560 pages
22.8 x 15.2 x 3 cm, 0.82 kg

'… this is a valuable book. It will no doubt be of interest to practitioners and academics in Africa and beyond. Through its clear and authoritative exposition of the existing principles of law in the countries which it covers, the book enriches the reader's knowledge of a hitherto much-neglected area of private international law. In this regard, Private International Law in Commonwealth Africa has the potential to kick-start a debate on a wide range of issues within and outside Africa. For his endeavours in laying the foundations for that debate, Dr Oppong's work deserves much credit.' Ardavan Arzandeh, Common Law World Review

This book provides a comprehensive and comparative examination of private international law in Commonwealth Africa. It offers an unrivalled breadth of coverage in its examination of the law in Botswana, the Gambia, Ghana, Kenya, Lesotho, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. The book is clearly and logically structured - it is organised around broad themes or issues, with country reports and accompanied by detailed commentaries. Drawing on nearly 1500 cases decided by courts in these countries and numerous national statutes, this book covers the four cornerstones of private international law: jurisdiction, choice of law, foreign judgements and arbitral awards enforcement, and international civil procedure. The author also provides an extensive bibliography of the literature on African private international law. Scholars and practitioners alike will find Private International Law in Commonwealth Africa invaluable and illuminating.

Introduction
Part I. Preliminary Matters: 1. Conceptual issues in choice of law
2. Foreign law
3. Domicile
Part II. Jurisdiction: 4. Bases of jurisdiction
5. Forum non conveniens, lis alibi pendens and forum selection
6. Limitations on jurisdiction
Part III. Obligations: 7. Contract
8. Torts
9. Foreign currency obligations
10. Bills of exchange
Part IV. Family Law: 11. Marriage
12. Bills of exchange
13. Children
Part V. Property, Succession and Administration of Estates: 14. Property
15. Succession
Part VI. Foreign Judgements and Arbitration Awards: 16. Administration of estates
17. The common law regime for enforcing foreign judgements
18. The statutory regimes for enforcing foreign judgements
19. Recognition and enforcement of foreign arbitration awards
Part VII. International Civil Procedure: 20. Remedies in support of or against foreign judicial and arbitral proceedings
21. International judicial assistance
22. Security for costs.

Subject Areas: Private international law & conflict of laws [LBG], Comparative law [LAM], Law [L]