"WAIVER": Definition of the term "waiver"  

 

Mod2
 Mod2
Joined:1 year  ago
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May 14, 2019 12:02 pm  

 

"The term "waiver" has been defined by the Supreme Court in Ariori v. Elemo. (1983) 1 SCNLR 1 (per Aniagolu JSC) as having two elements, in the following words: "Whether the waiver be express or implied, the party against whom the doctrine is raised (i) must be aware of the act or omission, and (ii) must do some unequivocal act adopting or recognizing the act or omission. Both elements must be present to constitute a waiver.

The term was also further illustrated by the Supreme Court in the latter case of Oniah v. Onyia (1989) 1 NWLR (Pt. 99) 514 at page 534 per Karibi Whyte JSC) in the following words: "The concept of waiver presupposes that a person who is to enjoy a benefit or who has the choice of two benefits is fully aware of the benefits and has either neglected to exercise his right to the benefit, or where there is choice has preferred one. The exercise must be voluntary."

Per ADAMU, J.C.A. in ADEYEMO ONIFADE V MUSLIM RAHEEM OYEDEMI & ORS   http://www.lawpavilionpersonal.com/newfulllawreport_cc_ep.jsp?suite=olabisi@9thfloor&pk=CCN/1/2/99&apk=16950


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