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DEFINITION OF WAIVER – Halsbury’s Laws

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Halsbury’s Laws of England 4th Edition, Vol. 16 stated in its way thus: – “The primary meaning of waiver has been said to be the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct, it may arise by virtue of a party making an election, for example whether or not to exercise a contractual right”.

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PROCEDURAL WAIVER

The law is very well settled that counsel may waive a defect in procedure which is procedural law. What is waiver and what are the consequences when counsel waives his right? Waiver is the intentional and voluntary abandonment of a right. It is either express or implied from conduct. Where a party has waived his...

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PARTY TO AN ACTION IS BOUND – STANDBY & WATCH PARTY IS BOUND

Under our laws one reason which makes it necessary to make a person a party to an action is so that he should be bound by the result of the action. See Amon v. Raphael Tuck ’26 Sons Ltd. (1969) 1 Q.B.D. 357 at p. 380 per Devlin, J. Under our law also a person...

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CONCEPT OF WAIVER OF RIGHT

My lords, in law the concept of waiver is one that presupposes that the person who is to enjoy a benefit or who has the choice of two benefits is fully aware of his right to the benefit or benefits, but he either neglects to exercise his right to the benefit, or where he has...

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WAIVER IN EQUITY

Equity will not allow the respondents to hold the appellant to ransom. Waiver, a very loud principle of equity will certainly come to the rescue of the appellant. – Tobi JSC. Odedo v. INEC (2008) Was this dictum helpful? Yes 0 No 0...

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A PERSON HAS FULL COMPETENCE TO WAIVE HIS RIGHTS

ARIORI v. ELEMO (1983) 14 N.S.0 8, particularly the opinion of Eso, JSC at page 37 thereof: “The next enquiry is to what extent to which a person could waive rights conferred on him by law? When a right is conferred solely for the benefit of an individual there should be no problem as to...

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RIGHT SLEPT ON IS WAIVED

In this instance the appellants having slept on their rights are deemed to have waived them and this Court is bound to give effect to the law, harsh as it may seem to the appellants. – M. Peter-Odili, JSC. Oko v. Ebonyi State (2021) Was this dictum helpful? Yes 1 No 0...

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