Eshugbayi v Government of Nigeria, 1931 AC 662
Citation: Eshugbayi v Government of Nigeria, 1931 AC 662
Rule of thumb: Do citizens have the right to use the Court to protect their property? Yes, this is a seminal case affirming that Commonwealth citizens have the human & constitutional rights to property and to liberty which the Court must protect. It affirmed that any interference with either of these fundamental rights either has to be justified & proportionate or else it is deemed to be a violation of these fundamental rights. The Court also affirmed that these rights applied across the commonwealth.
Judgment:
This is a seminal case affirming that British citizens have the human & constitutional rights to property and to liberty. It affirmed that any interference with either of these fundamental rights either has to be justified & proportionate or else it is deemed to be a violation of these fundamental rights. The Court also affirmed that these rights applied across the commonwealth, ‘In accordance with British jurisprudence no member of the executive can interfere with the liberty or property of a British subject except on the condition that they can support the legality of the action before a Court of Justice’, Lord Atkin at 670
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.