Africa: Litigation, Mediation & Arbitration

The digital age has fundamentally altered how defamation and data privacy intersect, particularly on social media platforms where reputational harm can stem from both false publications and unauthorized use of personal information.

The new Mass Media Proclamation 1238/2021 has introduced significant changes to the previous legal regime governing the media. The law has introduced commendable legal provisions that provide greater protection and space for media freedom as well as more flexibility with regard to investments in the media industry. In this brief commentary, we will provide the major changes made in the new Mass Media proclamation briefly.

On February 20, 2026, the Supreme Court of Nigeria (the “Supreme Court”) delivered a landmark decision in the case of Emma Elegbe & Anor v. HP International Schools Limited & 3 Ors...

The emergence of generative artificial intelligence in arbitration raises fundamental questions about the legitimacy of arbitral awards when AI assists in decision-making. Two landmark cases examine whether extensive AI reliance by arbitrators constitutes impermissible delegation of their adjudicative function, and whether existing legal frameworks can adequately address these novel challenges.

A High Court judgment has reinforced the protection of litigation privilege for expert reports commissioned by insurers during pending litigation. When a loss adjuster's preliminary report was requested for disclosure, the court examined whether it qualified for privilege protection and what implications this holds for the insurance industry's handling of expert assessments in claims disputes.

The Gauteng High Court's judgment in TMM Holdings v Skycastle Securities examines when litigation privilege protects documents from disclosure, specifically addressing whether insurance claim forms and investigative reports created for multiple purposes qualify for privilege. The court applied the dominant purpose test to determine if documents prepared simultaneously for insurance claims, internal investigations, and potential litigation must be disclosed in discovery proceedings.

Road transportation remains the predominant means of movement for individuals and goods in Nigeria, and one feature that has remained constant in Nigeria's transportation landscape is the steady increase in the number of motor vehicles using public roads. In densely populated commercial centres such as Lagos, thousands of private motorists, commercial transport operators, heavy-duty vehicles, motorcycles, tricycles and pedestrians interact daily within an increasingly congested road network. The inevitable consequence is the frequent occurrence of road traffic accidents resulting in death, bodily injury and substantial property damage.

A South African court held a landlord liable for severe injuries sustained by a minor child when a heavy sliding gate toppled onto him at rented premises. The judgment examined whether the landlord breached his duty to maintain reasonably safe premises and whether the absence of adequate safety mechanisms constituted negligence, with significant implications for property owner liability insurance.

The Gauteng High Court examined whether a non-patrimonial damages claim against the National Director of Public Prosecutions could survive the claimant's death when the NDPP was joined to proceedings...

OAPI rejected Agence France-Presse's opposition against the "AFO + Logo" mark, finding that similarities between the signs were insufficient to create a likelihood of confusion despite overlapping service classes. The decision provides insight into OAPI's approach to trademark opposition and remains subject to appeal.

Litigation in Nigeria is very expensive, and a party with a substantial and valid claim may be discouraged from enforcing the claim due to the expensive nature of litigation and the time spent in court. It is for this reason that a party may consider Third Party Funding (TPF). TPF of litigation is a means for financially incapacitated parties to have the financial support of a third party to finance a court proceeding for enforcement of their rights or claims.

A recent High Court judgment clarifies a critical misconception in copyright law: believing you have permission to use protected work is not the same as believing no copyright exists. This distinction has significant implications for businesses that routinely download and use photographs found online, assuming they are free to use simply because they are widely accessible.