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Amodu Tijani V Secretary, Southern Nigeria
''Amodu Tijani v Secretary, Southern Nigeria'' 9212 AC 399, 921UKPC 80, also known as the Apapa land case, was a decision of the Judicial Committee of the Privy Council concerning land title. Background and lower courts The controversy at issue in the case arose in 1913, when the colonial government of Nigeria appropriated land in Apapa, pursuant to the Public Land (Acquisition) Ordinance 1903, in order to give it to European merchants. The land was occupied by the Oluwa chiefly family of Lagos, under the leadership of Amodu Tijani. Tijani argued before the Nigerian courts that he was owed compensation for the expropriation, because the land belonged to him personally. His claim was unsuccessful. Privy Council The Privy Council, reversing the judgments below, held that although the territory of the Lagos Colony had been ceded to the imperial Crown in 1861 under the Lagos Treaty of Cession and the Crown thereby acquired allodial title to the land, the Crown held only a "limi ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one const ...
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Presumption
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The invocation of a presumption shifts the burden of proof from one party to the opposing party in a court trial. There are two types of presumption: ''rebuttable presumption'' and '' conclusive presumption''. A rebuttable presumption is assumed true until a person proves otherwise (for example the presumption of innocence). In contrast, a conclusive (or irrebuttable) presumption cannot be refuted in any case (such as defense of infancy in some legal systems). Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts. In the United States, mandatory presumptions are impermissible in criminal cases, but permissible presumptions are allowed. An example of presumption without basic facts is presumption of innocence. An example of presumption ''with'' basic facts is Declared death in absentia, e.g., th ...
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1921 In Nigeria
Nineteen or 19 may refer to: * 19 (number), the natural number following 18 and preceding 20 * one of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (film), a 1987 science fiction film Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * '' Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle. * "Nineteen", a song by Bad4Good from the 1992 album ''Refugee'' * "Nineteen", a song by Karma to Burn from the 2001 album ''Almost Heathen''. * "Nineteen" (song), a 2007 song by American singer Billy Ray Cyrus. * "Nineteen", a song by Tegan and Sara from the 2007 album '' The Con''. * "XIX" (song), a 2014 song by Slipk ...
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HeinOnline
HeinOnline (HOL) is a commercial internet database service launched in 2000 by William S. Hein & Co., Inc. (WSH Co), a Buffalo, New York publisher specializing in legal materials. The company began in Buffalo, New York, in 1961 and is currently based in nearby Getzville, NY. In 2013 WSH Co. was the 33rd largest private company in western New York, with revenues of around $33 million and more than seventy employees. HeinOnline is a source for traditional legal materials (reported cases, statutes, government regulations, academic law reviews, commercially produced law journals and magazines, and classic treatises), historical, governmental, and political documents, legislative debates, legislative and executive branch reports, world constitutions, international treaties, and reports and other documents of international organizations. The database includes more than 192 million pages of materials “in an online, fully searchable, image-based format". New product award In 2001, Hein ...
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International And Comparative Law Quarterly
The ''International & Comparative Law Quarterly'' is a law review published quarterly by thBritish Institute of International and Comparative Law It was established in 1952 and covers comparative law as well as public and private international law, including human rights, war crimes, and genocide, World Trade Organization law and investment treaty arbitration, recent developments of international courts and tribunals, as well as comparative public and private law all over the world. In addition to longer articles, the journal publishes book reviews. The editor-in-chief is Malcolm Evans (University of Bristol) and the Managing Editor iAnthony Wenton(British Institute of International and Comparative Law). This journal is the result of the merger of the ''Journal of Comparative Legislation and International Law'' and ''The International Law Quarterly''.
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Sagong Tasi
The ''Sagong Tasi'' case (''Sagong bin Tasi & Ors v Kerajaan Negeri Selangor'', 2002) was a landmark land rights case in Malaysia, in which the courts ruled against the Selangor State in favour of the Temuan-Orang Asli (also known as Temuan) plaintiffs. In 1995, Selangor state authorities ordered members of the Temuan tribe to vacate their homes at Kampong Bukit Tampoi, Selangor. They were given 14 days to leave, and monetary compensation was offered for their destroyed homes, fruit trees and crops but not for their ancestral land. They refused to leave and were forcibly evicted by the police. In response, the Temuan plaintiffs sued the Federal government, the Selangor State government, the Malaysian Highway Authority (LLM) and contractor United Engineers Malaysia Bhd (UEM Group) for this forced eviction. In April 2002, the Malaysian High Court ruled against the Selangor State, and recognised the Temuan plaintiffs as the customary owners of the land according to common law. Also, ...
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Mabo V Queensland (No 2)
''Mabo v Queensland (No 2)'' (commonly known as ''Mabo'') is a decision of the High Court of Australia, decided on 3 June 1992.. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for first recognising the pre-colonial land interests of Indigenous Australians within Australia's common law.e.g. in '' Milirrpum v Nabalco Pty Ltd'' ''Mabo'' is of great legal, historical, and political importance to Aboriginal and Torres Strait Islander Australians. The decision rejected the notion that Australia was terra nullius at the time of British settlement, and recognised that Indigenous rights to land existed by virtue of traditional customs and laws and these rights had never been wholly been lost upon colonisation. The Prime Minister Paul Keating praised the decision, saying it "establishes a fundamental truth, and lays the basis for justice". Conversely, the decision was criticised by the government of Western Australia and various mini ...
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Delgamuukw V British Columbia
''Delgamuukw v British Columbia'', 9973 SCR 1010, also known as ''Delgamuukw v The Queen'', ''Delgamuukw-Gisday’wa'', or simply ''Delgamuukw'', is a ruling by the Supreme Court of Canada that contains its first comprehensive account of Aboriginal title (a distinct kind of Aboriginal right) in Canada. The Gitxsan and Wet’suwet’en peoples claimed Aboriginal title and jurisdiction over 58,000 square kilometers in northwest British Columbia. The plaintiffs lost the case at trial, but the Supreme Court of Canada allowed the appeal in part and ordered a new trial because of deficiencies relating to the pleadings and treatment of evidence. In this decision, the Court went on to describe the "nature and scope" of the protection given to Aboriginal title under section 35 of the ''Constitution Act, 1982'', defined how a claimant can prove Aboriginal title, and clarified how the justification test from '' R v Sparrow'' applies when Aboriginal title is infringed. The decision is also im ...
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Calder V British Columbia (AG)
''Calder v British Columbia (AG)'' 973SCR 313, 9734 WWR 1 was a decision by the Supreme Court of Canada. It was the first time that Canadian law acknowledged that aboriginal title to land existed prior to the colonization of the continent and was not merely derived from statutory law. In 1969, Frank Arthur Calder and the Nisga'a Nation Tribal Council brought an action against the British Columbia government for a declaration that aboriginal title to certain lands in the province had never been lawfully extinguished. At trial and on appeal, the courts found that if there ever was aboriginal title in the land it was surely extinguished. The Supreme Court recognized that the Nisga'a had aboriginal title to the lands at the time when European settlers arrived. This was because the Nisga'a had been "organized in societies and occup edthe land as their forefathers had done for centuries" ( Justice Judson, writing for a three-justice plurality) and because they had "possession from ti ...
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Aboriginal Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary interna ...
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Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts a ...
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