Legal Principles
Settled principles, each tied to the cases behind it.
8,046 principles in 340 topics · 91 free to read in full
27 topics
- Abuse of Court's ProcessFREEOn The Circumstances That Would Give Rise To An Abuse Of Court Process The circumstances which will give rise to abuse of court process include:- a) Instituting a multiplicity of actions on the same subject matter against the same opponent on the same issues on multiplicity of actions on the same ma33 principles
- Academic ExerciseFREEOn The Implication Where A Plaintiff Fails To Seek Appropriate Reliefs In seeking reliefs from a Court of law, a plaintiff ought to seek appropriate reliefs in order not to render academic a subject matter that hitherto would have been life and within the jurisdiction of the Court, when a plaintiff,14 principles
- AccidentFREEOn The Nature Of The Defence Of Accident An accident is defined by this Court as the Result of an unwilled act, and means an even without the fault of the person alleged to have caused it. Per Karibi-Whyte, JSC (as he then was) in ALIU BELLO & ORS VS ATTORNEY-GENERAL OF OYO STATE (1986) 12 S.C. 1 at4 principles
- Accusatorial SystemFREEOn The Features Of The Accusatorial System Of Trying An Accused Person In this country, we operate the accusatorial system as opposed to inquisitorial method of trying an accused person, in which a Judge rarely interferes with the conduct of cases by descending into arena of contest. The major featu1 principle
- AcquittalFREEOn Meaning Of Acquittal And When An Acquittal Can Be Returned In ordinary parlance, the word acquittal from the Latin word verbum equivocum, may be used to express either the verdict of the jury [where jury trials obtain] or the judgment of a Court. Nafiu Rabiu v Kano State (1980) LPELR -2936 (SC),7 principles
- ActionFREEOn The Effect Of A Dismissal in limine A dismissal of action in limine is the most punitive relief that a Court can grant a defendant against the plaintiff. Because of its Punitive nature, Courts of law are reluctant in granting such a request for the mere asking. There must be legal basis for the r64 principles
- AddressFREEOn The Main Purpose For Address I must remind counsel that the main purpose for address is simply to assist the Court.Cases are decided not on address or alluring closing speeches but on credible evidence. So no amount of brilliant address can make up for lack of evidence to resolve any issue before6 principles
- AdjudicationFREEOn The Place Of Sentiments In Judicial Deliberations Sentiments, it must be borne in mind, command no place in judicial deliberations: EZEUGO v. OHANYERE (1979) 6 SC 17; MOHAMMED IDRISU v. MODUPE OBAFEMI (2004) 11 NWLR (Pt. 884) 396; ORJI UZOR KALU v. F.R.N. & ORS (2016) LPELR-40108 (SC). OSAREREN V3 principles
- AdmiraltyFREEOn The Importance Of Service Of A Writ Of Summons In Admiralty Proceedings I agree with learned counsel for the respondents that the issue of service of a writ of summons in admiralty proceedings is crucial to this appeal as no Court can enter default judgment against anyone without proof of service1 principle
- Admissibility of DocumentFREEOn When An Unregistered Registrable Instrument Would Be Admissible In Law An unregistered registrable instrument, sought to be tendered for the purpose of proving or establishing title to land or interest in land, would be inadmissible under Section 15 of the Land Instruments Registration Law, . Suc67 principles
- AdmissionFREEOn The Effect Of An Averment In A Statement Of Claim Which Is Not Denied In The Statement Of Defence Where an averment in a statement of claim is not denied in a statement of defence, same is deemed admitted. That which is admitted needs no proof. See Adesanoye V. Adewole (2000) 9 NWLR (Pt. 671) at25 principles
- AdulteryFREEOn When Confession Of Adultery By A Respondent Would Be Deemed As Evidence Of Adultery By A Co-Respondent. It is clear law that even if the learned Judge regarded as a confession the respondent's statement as to her past adultery with the co-respondent and as to her future intention to have children1 principle
- AffidavitFREEOn When The Court Should Resolve Conflict In Affidavit By Resorting To Documentary Evidence It is settled law that when a Court is faced with conflicting affidavit evidence on a material issue before the Court, the Court has to hear oral evidence in order to resolve the conflict...However, where the28 principles
- AgencyFREEOn the choice of the injured regarding who to sue in a case of vicarious liability, The Master or Servant? Being joint tortfeasors, the person injured is at liberty to sue any one of them separately or may sue both jointly, their liability being joint and several. IFEANYICHUKWU (OSONDU) CO LTD v. SO11 principles
- AgreementFREEOn Whether The Failure To Comply With The Terms Of Agreement For The Termination Of Employment Renders The Termination Null And Void In other cases where the employment is governed by the agreement of the parties, removal by way of termination of appointment or dismissal must be in accordance with t20 principles
- AlibiFREEOn Meaning Of Alibi Alibi means "elsewhere". When an accused contends that he cannot be guilty of the offence charged because at the time of commission of the offence, he was somewhere else raises the defence of alibi or an alibi defence. Nnamdi Osuagwu v. State: Lor(25/1/13) On The Conditions For T84 principles
- AllocutusFREEOn Whether A Judge Has The Jurisdiction To Listen To Allocutus And To Reduce Death Sentence Provided By The Penal Code To A Term Of Years A judge has no jurisdiction to listen to allocutus and no discretion to reduce death sentence to a term of years once the accused person has been found guilty und3 principles
- Alternative ClaimsFREEOn whether the court can consider alternative claim when a party has proved substantive claim Having made this clarification; I agree, in principle, that where a party to an action has proved his substantive claim there would be no justification to embark on the consideration of his alternative clai7 principles
- Alternative ReliefsFREEOn whether the court can consider alternative claim when a party has proved substantive claim Having made this clarification; I agree, in principle, that where a party to an action has proved his substantive claim there would be no justification to embark on the consideration of his alternative clai3 principles
- AmendmentFREEOn The Circumstances When The Court Will Not Allow Amendment Of Pleadings In the case of Ojah v. Ogboni (1976) 1 NWLR 95 at 99 it was held that an amendment of pleadings should be allowed unless:- a) It will entail injustice to the respondent: b). The applicant is acting malafide and c). By his blun22 principles
- AppealFREEOn A Condition For Entertaining A Point Presented For The First Time In A Court Of Appeal The normal rule is that a point presented for the first time in a Court of Appeal ought to be most Jealously scrutinised. A Court of Appeal ought only to decide in favour of an appellant on a ground there put f190 principles
- AppearanceFREEConditional Appearance- On The Meaning Of Conditional Appearance The defendant entered conditional appearance. This is an appearance under protest and usually means an appearance to object to the Court's jurisdiction to hear the case. UNION BANK OF NIGERIA PLC V. AWMAR PROPERTIES LIMITED:LGC(4/5/2012 principles
- ApplicationFREEOn Whether A Party Who Took Part In A Suit Commenced By An Irregular Procedure Can Still Bring An Application To Set The Suit Aside On Ground Of Irregularity The law is trite, that where an action as in this case was commenced by a procedure that is irregular, a party who took active part in the pro11 principles
- Armed RobberyFREEOn The Ingredients Of The Offence Of Armed Robbery The ingredients of the offence of armed robbery are: 1. That there was a robbery or series of robberies. 2. That each robbery was an armed robbery and 3. That the accused was the robber or among those who participated in the robbery. See: Bozin vs T111 principles
- ArraignmentFREEOn Whether It Is The Position Of Law That A Charge Must Be Read And Explained To An Accused Person In The Language He Understands In A Situation Where The Accused Understands English Language To my mind, the most essential aspect of arraignment is the provision of Section 36 of the Constitution whic32 principles
- Attorney GeneralFREEOn Whether Law Officers In The Office Of The Attorney General Can Sign Processes And Charges On Behalf Of The Attorney General With particular reference to NAPTIP, it is even clear that Section 4 (1) and (2) of its Constitutive Act, put this matter beyond doubt. On the one hand, Section 4 (1) (supra5 principles
- Award of DamagesFREEOn What The Court Must Consider In The Award Of Damages It is the law that before a court begins a meaningful assessment of damages, it must be sure of the nature of the claim, that is to say, whether the claim is in contract or in tort, if in tort, the nature of the wrong alleged. As mentioned abov11 principles
9 topics
- BailFREEOn Things The Court Has To Consider In Exercise Of Its Discretion To Grant Bail Thus, from the cumulative effect of the above provisions of the Act and of course, the Criminal Procedure Act, in exercising the discretion to grant bail to an applicant, the Court has a duty to consider the nature of th21 principles
- Bail BondFREEOn Whether Application For The Forfeiture Of Bail Bond Can Be Entertained After Judgment Is Given On The Substantive Case Further, by the combined effect of Sections 119,120,122,127,128,137,141 and 143 of the Criminal Procedure Act, forfeiture of bail bond is contemplated during criminal trial and n2 principles
- Bail RecognizanceFREEOn Whether Application For The Forfeiture Of Bail Bond Can Be Entertained After Judgment Is Given On The Substantive Case Further, by the combined effect of Sections 119,120,122,127,128,137,141 and 143 of the Criminal Procedure Act, forfeiture of bail bond is contemplated during criminal trial and n2 principles
- BankingFREECheque- On The Definition Of A Cheque It must be noted that there was no evidence that the parties had an agreement that the cheques should not be lodged for payment. The argument that the cheques were not meant to be presented for payment is therefore quite lame. Cheques are not issued for the fun8 principles
- Banking LawFREEOn The Effect Of The Issuance Of A Cheque There can be nothing farther from the truth. Accepting a cheque which is not money is no evidence that the person who issued the cheque has money in his account. It is also not true that issuing of a teller to the depositor of the cheque is evidence that the5 principles
- Bench WarrantFREEOn When Public Summons Or Bench Warrant May Be Resorted To In Criminal Proceedings Following the premise that a criminal proceeding commences upon the arraignment of the accused person, the conclusive originating process of a criminal proceeding is the Charge. The originating process cannot be the p1 principle
- BriefFREEOn The Effect Of Failure To File Brief Of Argument It is well established principle of law that where an appellant fails to file his brief of argument within the time stipulated by Order 6 Rule 10 of the Court of Appeal Rules 1981 or within the time extended in his favour by the Court of Appeal as i11 principles
- Brief of ArgumentFREEOn The Effect Of Failure To File Brief Of Argument It is well established principle of law that where an appellant fails to file his brief of argument within the time stipulated by Order 6 Rule 10 of the Court of Appeal Rules 1981 or within the time extended in his favour by the Court of Appeal as i6 principles
- Burden of ProofFREEOn what the prosecution must prove in order to establish murder It is vital to the case of the prosecution to prove that death of the deceased was a direct result of the act of the accused to the exclusion of all probable causes. Okoro v. State LGC(16/12/1988) C On how the Prosecution can discharge148 principles
55 topics
- CaseFREEOn How A Case Can Be Proved Beyond Reasonable Doubt What is available in this case as a method to establish the culpability of the appellant is circumstantial evidence which can in certain situations be stronger than even an eye witness account. It is such that when the different pieces of evidence3 principles
- Case LawFREEOn Whether Indian Hemp Is A Drug As Contemplated In Section 11 Of The NDLEA Act In Okewu v Federal Republic of Nigeria, (2012) 9 NWLR (Pt.1305) 327, this Court held that Indian Hemp is a drug as contemplated in Section 11 of the National Drug Law Enforcement Agency Act. This is settled. MUMINI V. FE5 principles
- Case ReviewFREEOn when the appellate court will interfere with the findings of the trial court An appellate Court will not interfere with the findings of the trial Court unless the findings are perverse, not supported by evidence and has led to miscarriage of justice or any principle of law or procedure have not b2 principles
- CasesFREEOn The Effect Of Citing Cases In Court As this Court has often admonished, cases are only authorities for what they actually decided in the context of the prevailing facts. That explains why in Savannah Bank Ltd v P. A. S. T. A. Ltd (1987) 1 SC 198, 278, 279, Karibi-Whyte JSC enjoined Courts to "con5 principles
- Cause of ActionFREEOn Whether Raising The Issue Of There Being No Cause Of Action Automatically Also Raises The Issue Of Jurisdiction All that I have been saying boils down to the fact that whenever the issue of there being no cause of action is raised, the jurisdiction of the Court is indirectly called to question an14 principles
- CaveatsFREEOn The Caveats The Court Considers Before It Can Accept An Invitation To Over-Rule Previous Decisions But having said so, I will hasten to add that where this Court is invited specifically to over-rule previous decisions such invitation ought to be considered on its merits but with the following cav1 principle
- Certificate of OccupancyFREEOn The Effect Of A Certificate Of Occupancy A certificate of occupancy is only prima facie evidence of title or possession. It is not conclusive proof of title to the land to which it relates. See:Otukpo V. John (2012) 7 NWLR (pt.1299) 357 @ 377; Registered Trustees Mission V. Oloweri (1990) 6 NWLR9 principles
- CertiorariFREEOn Whether An Applicant Seeking An Order For Leave To Apply For Certiorari To Quash Any Judgement, Order, Conviction Or Other Proceedings Of A Court Or Tribunal Can Bring The Application Within The Period Allowed For Appeal Against That Decision, Order Or Conviction. "On appeal to the Court of Appea1 principle
- ChargeFREEAt What Stage In A Proceeding Should Objection To Defect In A Charge Be Raised? By section 167 (supra), on the other hand, any objection to a charge for any formal defect on the face thereof shall be taken immediately after the charge had been read over to the accused and not later. Put differently,68 principles
- Chieftaincy MattersFREEOn Whether The Chief (Appointment And Deposition) Law Which Raises The Issue Of Jurisdiction Can Be Raised Without Leave Of Court The Chief (Appointment and Deposition) Law, like any other legislation that raises the issue of jurisdiction may or may not be pleaded and it may be raised without leave.7 principles
- Circumstantial EvidenceFREEOn The Ways To Prove The Guilt Of An Accused Person In a criminal trial the guilt of the accused person for the commission of any crime can be proved by any or all the following methods; 1. The confessional statement of the accused person or 2. Circumstantial evidence, 3. Evidence of an eye witness.43 principles
- Civil ProcedureFREEOn Whether A Party Who Took Part In A Suit Commenced By An Irregular Procedure Can Still Bring An Application To Set The Suit Aside On Ground Of Irregularity The law is trite, that where an action as in this case was commenced by a procedure that is irregular, a party who took active part in the pro12 principles
- Civil ServiceFREEOn The Importance Of Service Of Originating Processes I agree entirely with the Court below that in the absence of an Appeal against the ruling of the trial Court delivered on 20/12/2005, the orders made therein are valid and subsisting. The foundation of the appellant's motion for default judgment2 principles
- ClaimsFREEOn Whether The Dismissal Of A Plaintiff's Claim For Declaration Of Title To Land In The Absence Of A Counter- Claim By The Defendant Amounts To A Declaration Of Such Right To The Defendant The law is trite that for a defendant to get title, he must prove it where the action of a plaintiff seeking de13 principles
- Common LawFREEOn The Distinction Between A Contract With Statutory Flavour And A Contract Under The Common Law Rules A contract of master and servant may be either subject to statutory or common law rules. Contracts with statutory flavor are contracts where the employer is created by statute. Such contracts are g4 principles
- Company LawFREEOn The Concept Of Corporate Personality The concept of corporate personality was established a long time ago in the case of Salomon Vs Salomon & Company Ltd. (1897) AC 22 to the effect that a company is a legal entity distinct from its members. It has a distinct legal personality and is capable of s17 principles
- CompoundingFREEOn The Differences Between Compounding Of An Offence And Condonation All the same, I do agree with the Respondent that the Appellant used the terms "compounding" and "condonation" interchangeably, as if the one can replace the other or be used in place of each other, which is a misapprehension of th10 principles
- Compulsory AcquisitionFREEOn Whether A State Can Acquire A Land From A Customary Owner Without Payment Of Adequate Compensation Since the appellant's title is predicated on the issuance to him of a statutory right of occupancy in 1995 by the Governor of Borno State by virtue of Section 5 (1)(a) & (2) of the Land Use Act, bef3 principles
- Concurrent FindingsFREEOn The Exceptional Circumstances That Can Warrant An Appellate Court To Interfere With Concurrent Findings It is now trite law, that an appellate Court will not disturb concurrent findings of fact of the Courts below unless there is substantial error apparent on the record of proceedings or are show106 principles
- Condition PrecedentFREEOn The Effect Of Non-Compliance With Condition Precedent For Initiating An Action Thus, as it was held in MADAYE DUPIN v. OLONINORAN (2013) 1 NWLR (Pt. 1334) 175, non-compliance with conditions precedent for initiating an action vitiates the action ab initio. See alsoODOFIN v. AGU (1992) 3 NWLR (Pt.11 principles
- CondonationFREEOn The Principle Of Condonation Under The Military Law The principle of "condonation" in military law has been traced back to 1832 in the Memorandum on Corporal Punishment issued by the Duke of Wellington on 4/3/1832 (see Wikipedia), wherein he stated- The performance of a duty of honour or of trust7 principles
- Confessional StatementFREEConfession of an accused person – whether can be used against a co-accused. A confessional statement of a co-accused is no evidence against the other accused person, unless he adopted the confession by word or conduct: Ozaki & Anor v. State LGC(12/1/1990)O On Whether A Court Can Convict An Accused P154 principles
- Conflicting AffidavitFREEOn When The Court Should Resolve Conflict In Affidavit By Resorting To Documentary Evidence It is settled law that when a Court is faced with conflicting affidavit evidence on a material issue before the Court, the Court has to hear oral evidence in order to resolve the conflict...However, where the6 principles
- ConsolidationFREEOn When Consolidation Of Suits Will Be Necessary It is necessary to state that it is permissible in law to consolidate suits or applications so as to get a speedy resolution of the nagging issues and possibly remove bottlenecks or handles that might impede the main suit which would not happen where2 principles
- ConspiracyFREEOn Whether Conspiracy Is Can Be A Matter Of Inference On this matter of inference and the near impossibility of direct evidence being available with which the offence of conspiracy can be established, this Court as in numerous occasions stated the guideline and I shall refer toOnyeye v. The State (276 principles
- ConstitutionFREEOn The Proper Approach In The Construction Of The Constitution In all, the proper approach to the construction of the Constitution "should be...one of liberalism; a variation on the theme of the general maxim ut res magis valeat quam pereat. As such, it would be improper to construe any of the provi39 principles
- Constitutional LawFREEOn The Criteria That Brings A Plaintiff's Case Within The Purview Of The Original Jurisdiction Of The Supreme Court In the case at hand, Section 232(1) of the 1999 Constitution (as amended) pursuant to which the plaintiff sues provides:- 232.(1) The Supreme Court shall, to the exclusion of any other30 principles
- Constructive TrustFREEOn When The Different Types Of Trust Can Arise In its legal sense, "a trust" is the relationship, which arises wherever a person called the trustee is compelled in equity to hold property, whether real or personal, and whether by legal or equitable title, for the benefit of some persons (of whom he4 principles
- Contempt of CourtFREEOn The Procedure To Be Taking In Conduction The Offence Of Contempt A superior Court of record has the inherent jurisdiction to deal with contempt in facie curiae and punish for the offence summarily. It must once again be emphasised that the summary power of punishing for contempt should however, b15 principles
- Contempt ProceedingsFREEOn When A Contemnor May Be Heard By The Court A challenge to the proceedings on grounds of incompetence or lack of jurisdiction falls within the exceptions to the general rule that a contemnor will not be heard in subsequent proceedings until he purges himself of his contempt. See: First African Tru8 principles
- ContractFREEOn When Termination Of Employment Can Be Said To Be Lawful Termination of employment would be lawful if the terms of the contract of service between the employer and the employee are complied with. OFORISHE V. NIGERIAN GAS COMPANY LTD:LGC(23/6/2017)C On The Distinction Between A Contract With Statut80 principles
- Contract LawFREEOn Whether The Failure To Comply With The Terms Of Agreement For The Termination Of Employment Renders The Termination Null And Void In other cases where the employment is governed by the agreement of the parties, removal by way of termination of appointment or dismissal must be in accordance with t26 principles
- Contractual TenantFREEOn The Position Of The Rent Edict As To Status Of A Contractual Tenant And A Statutory Tenant I pause to observe that the scheme of the 1976 Rent Edict, without doubt, indicates that while the contractual tenancy of a tenant of any premises to which the Edict applies exists, that tenant is a "protec3 principles
- ContradictionFREEOn When Contradiction Will Affect Conviction In all, for contradictions in the evidence of prosecution witnesses to affect a conviction, particularly, in a capital offence, they must raise doubts as to the guilt of the accused person Ukpong v. State LGC(11/1/2019) I On whether witnesses are expected75 principles
- ConversionFREEOn The Meaning Of Conversion The next offence is conversion. Conversion is an act of willful interference, without lawful justification with any chattel in a manner inconsistent with the right of another, whereby that other is deprived of the use and possession of that chattel. AGABA V. FEDERAL REPU2 principles
- Conviction for A Lesser OffenceFREEWhether An Appellate Court Can Convict And Impose A Sentence On An Appellant For Lesser Offence It is the law that an appellate court can convict and impose a sentence on an appellant for lesser offence than that for which he was convicted by the trial court if from the circumstances of the case; th32 principles
- CorroborationFREEOn Some Of The Corroborative Evidence That May Be Required Where An Accused Person Denies The Charge Of Rape With regard to the offence of rape, the Courts have always looked for some independent evidence to show that the account of the prosecutrix is true i.e. that the offence was committed and tha35 principles
- CostFREEOn The Discretionary Powers Of Courts To Award Cost The grant or award of costs is discretionary if not provided in any Rules of Court and this Court, hardly interferes. Worse still, there is no leave sought or applied for by the Appellant or granted by the court below or this court. The consequence4 principles
- Counter-ClaimFREEOn Whether The Filing Of A Counter-Claim Is A Condition Precedent For A Defendant To Be Entitled To A Declaration Of Title To Land For a defendant to be entitled to declaration, he must file a counter-claim and prove same. See: Anwoyi v. Shodeke (2006) 13 NWLR (Pt.996) 34. PADA V. GALADIMA & ANOR:LG20 principles
- CourtFREEOn The Meaning of Court Of First Instance ...I agree with the Appellants that construing the said Rule literally again, as rightly urged by the Appellants and even so as the said provision is not ambiguous, the meaning of "the court of first instance," that is, the court that first heard the matter145 principles
- Court ProcessFREEOn What The Court Should Do When The Name Of A Lawyer Who Signed Court Process On Behalf Of Another Lawyer Is Not Disclosed On The Process The cases...cited above have settled the matter with satisfactory finality, to the effect that the proper procedure for signing on behalf of somebody else is to59 principles
- Court RulingFREEOn Whether The Reliance By A Court On A Wrong Law In Making An Order Vitiates Such Order Made By The Court The important thing is whether such order for forfeiture made was grantable in accordance with any law. This is so because a Court order can not be vitiated or does not become null and void sim7 principles
- Court's DiscretionFREEOn the Duty Of The Party That Seeks To Invoke The Discretionary Powers Of The Court To Provide The Materials On Which Basis The Discretion Will Be Exercised Finally, the 1st respondent in asking this Court to discountenance the appellant's brief seeks to invoke the discretionary powers of the Court.55 principles
- CovenantsFREEOn The Proof Of Breach Of Covenant Against Assignment, Under-letting Or Parting With Possession Hill & Redman's Law of Landlord and Tenant 16th Edition page 557 paragraph 446 has this to say on the proof of breach of covenant against assignment, underletting or parting with possession:- "405. Covena3 principles
- Criminal ConspiracyFREEOn Whether Conspiracy Is Can Be A Matter Of Inference On this matter of inference and the near impossibility of direct evidence being available with which the offence of conspiracy can be established, this Court as in numerous occasions stated the guideline and I shall refer toOnyeye v. The State (261 principles
- Criminal DefencesFREEOn The Nature Of The Defence Of Self Defence lf the nature of the assault is such as to cause reasonable apprehension of death or grievous harm, and the person using force by way of defence believes on reasonable ground that he cannot otherwise preserve the person defended from death or grievous har105 principles
- Criminal IntimidationFREEOn When The Defence Of Provocation Can Succeed In A Charge Of Culpable Homicide When does a defence of provocation succeed in a charge of culpable homicide punishable with death? Section 222(1) of the Penal Code that is applicable in Kano State provides as follows – Culpable homicide is not punishab2 principles
- Criminal Law and ProcedureFREEOn Whether An Accused Person's Plea Taken In Chambers Is Null And Void The second issue is whether the court below was right when it held that the taking of the plea of the appellant in chambers by the learned trial Judge is not unconstitutional. It is clear from the record that the plea of the appe88 principles
- Criminal LiabilityFREEOn Whether Criminal Liability Is Vicarious In Nature It appears that the appellant is merely adumbrating the principles of agency and vicarious liability, which in criminal proceedings do not avail him. Criminal liability or responsibility operates on mens rea criminal liability or responsibility is9 principles
- Cross ExaminationFREEOn Whether It Is Enough To Contradict A Witness Or Impeach His Credit Only By Calling Other Witnesses Without Cross-Examining Him On A Material Fact In Controversy The noble art of cross-examination constitute a lethal legal weapon in the hands of the adversary to enable him effect the demolition of6 principles
- Cross-AppealFREEOn whether a Cross-Appeal is an appendage to the main appeal a cross-appeal, by its nature, is a separate and independent appeal. It is not an appendage to the main appeal, and its purpose is to enable the respondent in the main appeal to appeal against the same judgment or part thereof that he (the4 principles
- Culpable HomicideFREEOn The Ingredients Of The Offence Of Culpable Homicide/Murder In a charge of culpable homicide punishable with death under Section 221 of the Penal Code, the prosecution must establish the following facts beyond reasonable doubt: 1. That the deceased died. 2. That his death was caused by the accused53 principles
- Customary CourtFREEOn Whether Appellate Courts Can Interfere With The Findings Of Customary Courts When Hearing Their Appeals Moreso, appellate Courts hearing appeals from Customary Courts are enjoined not to interfere with their findings except where grave miscarriage of justice has occurred on the face of the record6 principles
- Customary LawFREEOn Whether A Ground Of Appeal To The Court Of Appeal From The Decision Of The Customary Court Of Appeal Raising Question As To Ownership Of Land Is Appealable As Of Right The learned Counsel for the Respondents submit relying on PAM v. GWOM (supra) that the instant grounds 2, 3, and 6 are on all fou10 principles
- Customary TenantFREEOn Whether A Customary Tenant Should Suffer Forfeiture For Minor Acts Of Misbehaviour The list is not exhaustive, though it is important to observe that it is also well-established that customary tenants should not suffer forfeiture for minor acts of misbehaviour, and that the Courts are loath to or23 principles
27 topics
- DamagesOn The Measure Of Damages In A Claim For Wrongful Dismissal The law is settled that in a claim for wrongful dismissal, the measure of damages is prima facie the amount that the plaintiff would have earned had the employment continued according to the contract: NIGERIA PRODUCE MARKETING BOARD v. A. I73 principles
- Damages for Use & OccupationOn The Differences Between Mesne Profits And Damages For Use And Occupation What is mesne profits? This expression simply means intermediate profits – that is, profits accruing between two points of time, that is between the date when the defendant ceased to hold the premises as a tenant and the dat12 principles
- Declaratory ReliefsOn The Standard Of Proof Required Of An Appellant Who Is Seeking Declarative Reliefs In an action of this nature, where the appellant, as plaintiff, seeks declaratory reliefs, he has the burden of satisfying the Court that he is entitled to those reliefs. He must rely on the strength of his own case30 principles
- DeedOn The Validity Of A Deed The Court below was correct when it held that a deed of assignment does not require attestation for its validity. In Awojugbagbe Light Industries Ltd. Vs. Chinukwe (supra) at page 408 A – B, it was held that unlike a contract which is not binding on the parties until they h1 principle
- DefamationOn The Nature Of The Onus Placed On The Appellant To Prove Malice In An Action For Defamation In the instant appeal, the respondents successfully made out their defence of fair comment or qualified privilege hence, rebutting the presumption of technical malice or malice in law. In the circumstance,11 principles
- DefaultOn Why Judgment On The Undefended List Are Judgment On The Merits And When Such Judgment Can Be Tampered With A contrary approach [that is, to permit the trial Court to re-open such a case] would amount to a usurpation of the exclusive prerogative of the appellate Court which is the only Court empow3 principles
- Default JudgmentOn The Meaning Of Default Judgment A default judgment is one given in default of appearance or pleadings against a Defendant or a Plaintiff in a cross-action whose names appear as such Defendant or Plaintiff in the record of the trial Court. In the instant case where the Appellant and the 1st Respon1 principle
- Defect in A ChargeAt What Stage In A Proceeding Should Objection To Defect In A Charge Be Raised? By section 167 (supra), on the other hand, any objection to a charge for any formal defect on the face thereof shall be taken immediately after the charge had been read over to the accused and not later. Put differently,2 principles
- DefenceOn The Nature Of The Defence Of Self Defence lf the nature of the assault is such as to cause reasonable apprehension of death or grievous harm, and the person using force by way of defence believes on reasonable ground that he cannot otherwise preserve the person defended from death or grievous har74 principles
- DefilementOn What Differentiates The Offence Of Rape From The Offence Of Defilement The evidence for defilement is the same as in rape except that for defilement it is immaterial whether the act was done with or without the consent of the child. This is the well laid down position of the law, that a girl unde8 principles
- DemurerOn The Difference Between An Objection To Jurisdiction And A Demurer But before I conclude on this Judgment, I want to emphasise the fact that there is a difference between an objection to jurisdiction and a demurer. In a demurer proceedings there should be a statement of claim in place, the facts o2 principles
- Determination of Contract of EmploymentOn Whether The Non Payment Of Salary In Lieu Of Notice At The Time Of Termination Of The Contract Of Employment Make Such Termination Unlawful The position of the law is that where a contract of service gives a party a right of termination of the contract by either party, the party seeking to put an18 principles
- DetinueOn Whether The Federal High Court Has Jurisdiction In Tort Of Detinue The Federal High Court has no jurisdiction in tort of detinue. The appropriate Court, in the circumstance, was the High Court of Delta State. Section 230(1) (p) & (s) of the 1979 Constitution, as introduced thereto by Decree 107 o3 principles
- Diplomatic ImmunityOn Whether The Immunity Conferred On The Heads Of States Extends To Their Family Members The immunity, however, does not extend or cover the period immediately after leaving office neither does it extend to include his family members during and after the period of his incumbency.It follows therefore2 principles
- Direct EvidenceOn When It Will Be Necessary To Call As A Witness, The Person Who Identified The Body Of The Victim As rightly held by the trial Court, relying on the case of:Amusa Vs The State (2002) FWLR (Pt.85) 382 @ 393 C – D, the desirability of calling as a witness the person who identified the body of the vi10 principles
- DiscretionOn Whether A Court's Exercise Of Discretion Can Be Used As An Authority In Another Case We think there is considerable force in these submissions. We must not, however, be taken as accepting the wider proposition implied in the submissions that in all cases of this kind, a court is bound to grant ad76 principles
- DismissalOn The Effect Of A Dismissal in limine A dismissal of action in limine is the most punitive relief that a Court can grant a defendant against the plaintiff. Because of its Punitive nature, Courts of law are reluctant in granting such a request for the mere asking. There must be legal basis for the r10 principles
- DivorceOn When Adultery Can Be Inferred From the foregoing it will be seen that the fact that adultery has taken place is an inference from all the surrounding circumstances of each case. And such inference may be drawn from confessions, admissions, undue familiarity, suspicious circumstances and in proper3 principles
- Doctrine of Covering the FieldOn The Issues That May Arise Where Both The National Assembly And The State Houses Of Assembly Are Empowered To Make Laws On Any Matter In The Concurrent Legislative List The issue of covering the field is not much of any problem as regards Subsections (1), (2) & (3) of Section 4 of the Constitution5 principles
- Doctrine of Last SeenThe Doctrine Of Last Seen- On The Meaning Of The Doctrine Of Last Seen The doctrine of "last seen" means that the law presumes that the person last seen with the deceased bears the full responsibility for his death. It is the duty of the accused person to give an explanation as to how the deceased m11 principles
- DoctrinesOn The Essence Of The Latin Maxim"Res Ipsa Loquitur Now, the said Latin maxim, res ipsa loquitur, [the thing speaks for itself], whose essential element is that the mere fact of the happening of the accident should tell its own story so as to establish a prima facie case against the defendant, W.V.H35 principles
- DocumentOn The Effect Of A Signature Of A Person On A Document I am only to add that even in the domain of civil litigation where the plea of non est factum appears to hold more sway, the law remains sacrosanct that in the absence of fraud or duress the signature of a person on a document is evidence of the35 principles
- Documentary EvidenceOn The Effect Of A Judgment, Contract, Grant, e.t.c That Has Been Reduced To The Form Of A Document Thirdly, it is the law that where a judgment, or any other judicial or official proceeding, contract or any grant or disposition of property has been reduced to the form of a document or series of doc28 principles
- Double JeopardyOn The Doctrine Of Double Jeopardy Now, double jeopardy is a procedural defence that prevents an accused person from being tried again on the same or similar charges and on the same facts, following a valid acquittal or conviction – see Wikipedia. The doctrine of double jeopardy prohibits a person b1 principle
- Duties of PoliceOn Duty Of Police To Protect Members Of The Public With Their Arms And Not To Use Same To Kill Them. I agree that the appellant intended the natural and probable consequence of his action. Police officers who are entrusted with arms while on duty should realize that the arm is to be used to protect11 principles
- Duty of CareOn The Nature Of The Duty Of Care Nuisance, is concerned with conditions or activities which unduly, interfere with the use or enjoyment of land. In respect to negligence, the foundation of the modem law, appears to be the pronouncement of Lord Atkin, in the case of Donoghue also cited in the appell6 principles
- Dying DeclarationOn The Nature Of A Dying Declaration Though a party is not allowed to raise fresh issues not canvassed during trial or at the Court below on appeal without seeking and obtaining leave as the appellant has herein resorted to setting up a grouse against the dying declaration. See Director SSS v Agbako6 principles
21 topics
- EFCCOn Whether The Duty Of The EFCC Includes Recovery Of Debt And Resolution Of Disputes Arising Or Resulting From Simple Contracts Or Civil Transactions It is important for me to pause and say here that the powers conferred on the Appellant, i.e. the EFCC to receive complaints and prevent and/or fight7 principles
- Ejusdem generisOn Meaning Of The Ejusdem Generis Rule It is elementary to remind your lordships that an Act is any law made by the National Assembly and includes any law which takes effect under the provisions of the Constitution of the Federal Republic of Nigeria,1999 (as amended). The Act under consideration is4 principles
- ElectionOn Which Body Has The Power To Conduct Primary Elections This is because it has been settled by this Court that it is only the National Executive Committee or National Working Committee of a party that has the power to conduct primary elections. See: Emenike Vs P.D.P. (supra): Yar'Adua Vs Yandoma (267 principles
- Election PetitionOn Which Body Has The Power To Conduct Primary Elections This is because it has been settled by this Court that it is only the National Executive Committee or National Working Committee of a party that has the power to conduct primary elections. See: Emenike Vs P.D.P. (supra): Yar'Adua Vs Yandoma (245 principles
- Election TribunalOn The Issue Of Appealing A Decision Of The Court Of Appeal On Election Matters Of The National And State Houses Of Assembly To The Supreme Court It is pertinent to state and emphasize that the jurisdiction of this Court is limited and circumscribed by the 1999 Constitution (as amended). Hence, the9 principles
- Electoral ActOn Whether The Court Has Jurisdiction To Entertain A Matter Which Has To Do With The Nomination And Sponsorship Of A Candidate For Election Section 87 (1), (4) (c) and (9) of the Electoral Act, 2010 (as amended) provides: 87. (1) A political party seeking to nominate candidates for elections under t8 principles
- EnactmentOn The History Of The Circumstances Which Led To Enactment It is well settled that the history of the circumstances which led to the enactment is generally allowed in the construction of the meaning, aims and scope of the enactment. Such historical factors enable the interpreter or Court to determin6 principles
- EndorsementOn The Endorsement Of An Address For Service On A Process Before Filing The law is very clear that where any notice or any other process is required to have an address for service endorsed on, it shall not be deemed to have been properly filed unless such address has been endorsed on it. See Order 21 principle
- Equitable InterestOn The Implication Where A Purchaser Neglects To Make A Thorough Search Of The Register It is settled that a purchaser, who neglects to make a thorough search of the Register is fixed with notice of rights contained in the instruments registered under the various Land Instruments Registration Laws i6 principles
- EquityOn The Nature Of Equity The law is settled that equity does not operate in vacuum. HUEBNER V. AERONAUTICAL INDUSTRIAL ENGINEERING AND PROJECT MANAGEMENT COMPANY LIMITED: LGC(7/4/2017)C On The Doctrine Of Estoppel It is against this same procedure he acquiesced in that the appellant is making so much13 principles
- Error of FactOn Whether It Is Within The Prerogative Power Of An Applicant To Declare The Main Relief A Mistake Or An Error Once an applicant asks for alternative relief, it is not within his prerogative to declare the main relief a mistake or error. That right or prerogative belongs to the Court that will choos2 principles
- Error of LawOn Whether It Is Within The Prerogative Power Of An Applicant To Declare The Main Relief A Mistake Or An Error Once an applicant asks for alternative relief, it is not within his prerogative to declare the main relief a mistake or error. That right or prerogative belongs to the Court that will choos10 principles
- EstoppelOn What Happens Where A Person By His Act Or Declaration, Causes Or Permits Another To Believe A Thing To Be True That is; a party who has, either by his declaration or act, caused or permitted another to believe a thing to be true and to act upon such belief, neither he nor his representative in in24 principles
- EvaluationOn Which Court Has The Duty To Evaluate Evidence With Regards To The Credibility Of Witnesses It is the primary duty of the trial Court to evaluate evidence and where the credibility of witnesses is involved, the lower Court's inference from the evidence of witnesses it did not see and assess, it is32 principles
- Evaluation of EvidenceOn Circumstances Where The Appellate Court Would Interfere With Findings Of The Trial Court Some of the exceptional circumstances that might justify interference would be where the decision is not based on a proper and dispassionate appraisal of the evidence; where the findings are perverse in that28 principles
- EvidenceOn The Implication Where There Are Contradictions In The Evidence Of A Party Unfortunately, the testimonies, which he, [the appellant], adduced were so evidently contradictory and inconsistent that they could not establish that the said exhibit was the result sheet of a primary election, the conduct153 principles
- Evidential BurdenOn Who Has The Evidential Burden Of Casting Doubt On The Prosecution's Case The evidential burden of casting reasonable doubt on the prosecution's case is on the defence. See AKINMOJU v. STATE (2000) 6 NWLR (pt 352) 608 at 629: IGBABELE v. STATE (supra). KEKONG V. THE STATE: LGC(28/4/2017)G On The B8 principles
- Examination of WitnessOn The Requirements That A Party Cross-Examining A Witness Must Comply With In Order To Impeach The Credibility Of The Witness Section 232 of Evidence Act, 2011 is intended to check the double-speak of a witness, who is prevaricating on an issue that he had made previous statement in writing on. The10 principles
- Executor/AdministratorOn The Implication Of Interfering With The Estate Of A Deceased Where Such Person Has Not Been Lawfully Appointed An Executor Or Administrator Of The Estate Now, a person who has not been lawfully appointed an executor or administrator of an estate may by reason of his own intrusion upon the affairs1 principle
- Extension of TimeOn The Effect Of Denial Of Extension Of Time To Appeal Now, the effect of denial of extension of time constitutes a big punishment for a potential appellant as he would have lost the chance of having his appeal heard on the merit. To deny a party an opportunity of having his appeal heard, the appell26 principles
- Extra-Judicial StatementsOn Whether The Inconsistency Rule Applies To An Accused Person It is trite to state that the inconsistency rule does not apply to an accused person. In other words, it does not cover a case where an accused persons extra-judicial Statement is contrary to his testimony in Court. See the case of Ogudo22 principles
11 topics
- Facility for DefenceOn appropiate way to request for facilities for defence from the prosecutor If the Appellant strongly wanted some facilities which were not made available to him, he would have applied formerly to the trial Court for an order compelling the Respondent to make available those facilities which he requ2 principles
- Fair HearingOn The Applicability Of The Fair Hearing Provision Of The Constitution The fair hearing provision in the Constitution is the machinery or locomotive of justice; not a spare part to propel or invigorate the case of the user. It is not a casual principle of law available to a party to be picked up at144 principles
- FalsificationOn The Nature Of The Alleged Document Before The Offence Of Forgery/Falsification Can Be Sustained For forgery or falsification of age to be sustained, the documents purportedly forged must be a false representation of genuine documents. This is because it will be preposterous to allege the forgery6 principles
- Federal High CourtOn Whether The Federal High Court Has Jurisdiction In Tort Of Detinue The Federal High Court has no jurisdiction in tort of detinue. The appropriate Court, in the circumstance, was the High Court of Delta State. Section 230(1) (p) & (s) of the 1979 Constitution, as introduced thereto by Decree 107 o12 principles
- Finding of FactOn whether the Appellate Court can substitute the findings of fact made by the lower court with it's own views This Court has repeatedly stated that the appellate court should not substitute its own views of the facts for those of the lower court when it is clear that that lower court has arrived at39 principles
- ForfeitureOn The Meaning Of Forfeiture The definition of the word "forfeiture" was stated in Blacks Law Dictionary, Ninth Edition at page 722 to be thus:- "A destruction or deprivation of some estate or right because of the failure to perform some contractual obligation or condition." UNION BANK OF NIGERIA PL13 principles
- ForgeryOn What Constitutes A Forged Document I agree with counsel for the appellant that a document is said to be forged if the whole part of it is made by a person with all falsity and knowledge of the falsity and with intention that it may be used or acted upon as genuine to the prejudice of the victim A22 principles
- Forum ShoppingOn The Meaning Of Forum Shopping Forum shopping occurs when a party attempts to have his action tried in a particular Court or jurisdiction where he feels he will receive the most favorable decision or verdict. MAILANTARKI v. TONGO & ORS: LGC(2/6/2017)H On The Nature Of Forum Shopping The decision t2 principles
- Functus officioOn Whether The Supreme Court Can Substitute A Different Decision To The One Already Decided By It There is no doubt that this Court has inherent powers to correct or modify its own order on the ground that the order or judgment did not represent what it had intended to record. Thus this Court can co9 principles
- Fundamental Human RightOn The Character Of The Fundamental Right To Fair Hearing Before then, I intend to emphasize the special character of this right; a right which is known to most, if not, all legal systems. The right to fair hearing in Section 36 (1) (supra), and indeed all the other fundamental rights, guaranteed in71 principles
- Future DamagesOn The Meaning Of Future Damages Future damages is money awarded to an injured person for an injury's residual or projected effects such as those that reduce the person's ability to function. See; Black's Law Dictionary, Ninth Edition, page 446. IGHRERINIOVO V. S.C.C. NIGERIA LIMITED & ORS:LGC(12/4/1 principle
3 topics
- Garnishee Order/ProceedingOn The Duty Of A Garnishee In A Garnishee Proceedings It is most pertinent to bear in mind the fact that the appellant/applicant herein is a garnishee. The only duty of a garnishee in garnishee proceedings is to satisfy the Court why the funds in its possession belonging to the judgment debtor shoul6 principles
- Ground of AppealOn The Effect Of Not Formulating Issues From A Specific Ground Of Notice Of Appeal As a matter of general principle, issues formulated in a brief of argument must be distilled from specific grounds of a notice of appeal, otherwise, they should be deemed at large, and liable to be discountenanced. AL145 principles
- Ground of LawOn Ways To Identify Whether A Ground Of Appeal Is Of Law, Mixed Law And Facts Or Facts Where the ground/s of appeal do not come within the preview of Section 233(2) of the Constitution leave must be obtained. That is to say leave must be obtained before grounds of appeal on mixed law and facts or fa31 principles
3 topics
- Hearing NoticeOn Whether A Matter Set Down For Mention Can Be Heard On The Day It Was Fixed For Mention The Court was undoubtedly in error, the parties having not adopted their written addresses, after dismissal of the preliminary objection, to proceed to a deliberation of the application before it. This is more22 principles
- HearsayOn The Effect Of The Hearsay Rule The hearsay rule is to protect an accused person from being convicted upon the testimony of a witness who did not see, hear or perceive in any other manner, the facts given in his testimony. Where it is shown that the evidence relied upon to convict an accused perso17 principles
- Hostile WitnessOn When There Are Two Conflicting Witnesses, On The Need For The Prosecution To Show That One Is A Hostile Witness It is not allowed for the prosecution to pick and choose which of his witnesses he would be relying on, without satisfying the Court that one witness is a hostile witness in which case1 principle
19 topics
- Identical TestimoniesOn whether witnesses are expected to speak of the same event with accuracy In any event, courts have even taken the view that witnesses may not always speak of the same facts or events with equal and regimented accuracy Ukpong v. State LGC(11/1/2019) I On Whether It Is Possible For Two Witnesses To3 principles
- IdentificationOn Whether The Domestic Or Internal Affairs Of A Political Party Are Justiciable There is a settled line of authorities to the effect that the domestic or internal affairs of a political party are not Justiciable, that the Courts will not dabble into the membership of a party or who it chooses to sp36 principles
- Identification ParadeOn The Nature Of An Identification Parade Identification parade by its nature is the means of establishing whether a person charged with an offence is the same person who committed the offence. It is essential in instances where:- (a) The victim did not know the accused before and his first acquaint36 principles
- IlliterateOn Who Lies The Burden Of Proving That A Person Is An Illiterate Therefore, the issue or question on who is actually an illiterate can not be presumed by Court but it is an issue or question which must be proved by evidence and as I stated supra, the burden to prove such assertion of illiteracy lies4 principles
- Inconsistency RuleOn The Need For Consistency In A Party's Pleading A party at all times must be consistent with the pleading of his defence. He will not be allowed to approbate and reprobate in his case. See SUBERU v. THE STATE (2010) 5 SCM 215. OLAIYA V. THE STATE:LGC(8/12/2017)C On The Inconsistency Rule In Relati5 principles
- IndictmentOn The Proper Step The Court May Take Where An Indictment Contains Charges For A Substantive Offence And Conspiracy To Commit The Offence Where an indictment contains charges for a substantive offence and conspiracy to commit the offence, the proper step for a Court is to first deal with the charge4 principles
- InducementOn The Meaning Of Inducement/ Undue Influence Inducement has been defined in Blacks Law Dictionary 8th Edition at page 790, as follows: "The act or process of enticing or persuading another person to take a course of action." See also NGORKA V A.G IMO STATE (2014) LPELR- 22532(CA). For this class of2 principles
- InjunctionOn Whether The Court Can Give An Order Restraining A Completed Act The challenge however, is that the injunctive reliefs sought by the Appellant are with respect to completed acts. It is the law that Courts do not restrain a completed act. This Court in IDEOZU VS OCHOMA (2006) 4 NWLR (Pt. 970) 364 a11 principles
- InsanityOn The Establishment Of The Defence Of Insanity The Court of Appeal fell into grave error when it inferred (wrongly) after examining exhibit P8 that the respondent was insane because there was absence of evidence of motive for the Murder. On no account should insanity be inferred on such reasoning.4 principles
- Insurance LawContract Of Marine Insurance- On Meaning Of A marine insurance or contract of marine insurance is an agreement to indemnify against damage to a ship, cargo, or profits involved in a journey by sea. JOMBO UNITED COMPANY LIMITED V. LEADWAY ASSURANCE COMPANY LIMITED:LGC(1/7/2016)D Comparing And Contras10 principles
- IntentionOn The Intention Of The Legislation In Enacting The Electoral Act As It Relates To Nomination Of Candidates For Election It must always be kept in mind that the intention of the legislature in enacting the Electoral Act, 2010, as amended, as it relates to nomination of candidates for election is to18 principles
- InterestOn The Basis For The Award Of Interest Both Courts below were correct. Issues 1 and 2 are resolved in favour of the respondent. Interest on the sum of N300,000,000. In Harbtts Plasticine Ltd v. Wayne Tank & Pump Corporation Ltd (1970) 1 ALL ER p.225 Lord Denning M.R. said: "It seems to me that basis7 principles
- Interlocutory ApplicationOn When The Court Will Refrain From Giving A Statute Its Natural Meaning It is long settled that a law Court in interpreting a statute will refrain from ascribing to the clear and unambiguous words that make up the statute their natural meaning if doing so will result in absurdity MAMUDA v. STATE LG16 principles
- Interlocutory/Final DecisionOn What A Court Is Not Expected To Do At An Interlocutory Stage The settled position of the law is that at interlocutory stage, no Court whether trial or appellate, is allowed to delve into the substantive matter in the pending matter and decide it. All decision reached in such a situation can only5 principles
- Interpretation of StatutesOn Whether It Is Permissible To Have The Marginal Notes In Mind In Determining The General Purpose Of A Section Of A Statute And The Mischief At Which It Is Aimed For further effect, Section 254D (1) confers the trial Court with "all the powers of a High Court" for the purpose of exercising any juri88 principles
- IssuesOn Whether The Appellate Court Can Formulate Issues For The Parties It is long settled that the appellate Court, particularly this one, is not under any duty to determine the appeal before it on the basis of the issue(s) formulated by the appellant or any of the parties thereto. The Court may prefer79 principles
- Issues for DeterminationOn The Need For A Plaintiff To Raise Questions For Determination And Also Ask For Declaration Of Rights Based On Answers To The Questions In An Originating Summons The Appellant is right that a Plaintiff must raise question(s) for determination in an originating summons and ask for declaration of ri54 principles
- Issues of FactsOn Whether Appeals On Facts Or Mixed Law And Facts Are Within The Jurisdiction Of The Supreme Court Thus, appeals on facts, or mixed law and facts are not primarily within the jurisdiction of this Court. ACHONU V. OKUWOBI: LGC(13/4/2017)J On When Appeal To The Supreme Court On Facts Or Mixed Law And41 principles
- Issues of LawOn The Determining Factors In Assessing Whether Or Not A Ground Of Appeal Is One Of Law Or Facts Or Of Mixed Law And Facts A ground of appeal does not qualify as a ground of law simply on the basis of its been so called. The determining factor in assessing whether or not a ground of appeal is one of20 principles
12 topics
- JoinderOn The Effect Of A Mis-Joinder Or Non-Joinder Of Parties The position of the law is well settled that no cause or matter shall be defeated by reason of mis-joinder or non-joinder of parties and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights an2 principles
- Joinder of PartiesOn Whether Failure To Join A Desirable Party Will Deprive A Plaintiff Of His Initial Locus Standi Where a plaintiff has the necessary capacity and locus to bring an action and then brings it, failure to join a desirable party will not deprive him of his initial locus standi and then rob the Court of10 principles
- Joint TortfeasorsOn the choice of the injured regarding who to sue in a case of vicarious liability, The Master or Servant? Being joint tortfeasors, the person injured is at liberty to sue any one of them separately or may sue both jointly, their liability being joint and several. IFEANYICHUKWU (OSONDU) CO LTD v. SO3 principles
- JudgementOn What Is Required To Be Shown Before The Supreme Court Can Pronounce On The Correctness Of The Findings Of A Trial Court There is no connection between this Court and the trial Court; not directly anyway. The findings of a trial Court must be affirmed or reversed by the Court below before its deci16 principles
- Judgment and OrderOn Whether It Is Every Error Or Mistake By A Court That Will Lead To A Reversal Of Its Judgment On Appeal It must be stated at this point that it is not every error or mistake by a Court that will lead to a reversal of its judgment on appeal. Only a mistake that occasions miscarriage of justice does131 principles
- Judgment DebtOn The Meaning Of Judgement Debt As to the issue on award of interest, it need be stressed that a Judgment debt, is a debt or damage or other monetary award, which has been pronounced upon by a court of competent jurisdiction. It begins, when the court has pronounced on its judgment in favour of the1 principle
- Judicial PrecedenceOn When A Lower Court Can Be Bound By Its Decision Or That Of A Higher Court Firstly, cases are authorities for what they decided. The doctrine of stare-decisis learned appellant's counsel asserts the lower Court has violated is about past decisions of Courts binding them in subsequent occasions whe13 principles
- Judicial ReviewIdentical Application- On The Discretion Of The Supreme Court To Consider Identical Application Which It Has Previously Dismissed The Supreme Court is the apex Court in this Country and its decisions are final in all respect. It has wide discretionary power to consider identical application that hav1 principle
- JuratOn Whether Absence Of Jurat In A Document Signed By An Illiterate Renders Such Document Null And Void absence of jurat in a document signed by an illiterate does not render such document null and void since a jurat is for the protection of the illiterate and can therefore not be used against his int1 principle
- JurisdictionOn The Distinction Between Substantive And Territorial Jurisdiction Substantive jurisdiction refers to matters over which the court can adjudicate and it is usually expressly provided by the constitution or enabling statute. Territorial or geographical jurisdiction refers to the geographical area in199 principles
- Juristic PersonalityOn The Concept Of Corporate Personality The concept of corporate personality was established a long time ago in the case of Salomon Vs Salomon & Company Ltd. (1897) AC 22 to the effect that a company is a legal entity distinct from its members. It has a distinct legal personality and is capable of s14 principles
- JusticeOn The Implication Of Rushed Justice The case appears to be a criminal matter. However, fair trial should not be sacrificed at the altar of the doctrine of double jeopardy. It is true that "justice delayed is justice denied". Equally, "justice rushed is justice denied." FRN V. NASIRU YAHAYA LGC(25/080 principles
1 topic
14 topics
- LandOn Who Has The Duty To Apply For Governor's Consent It is also the law that it is the holder of a statutory right of occupancy that has the duty to apply for the Governor's (or Ministers) consent in respect of the land he wishes to transfer, assign, mortgage, etc. See: Mbanefo V. Agbu (2014) 6 NWLR47 principles
- Land Use ActOn The Effect Of A Certificate Of Statutory Or Customary Right Of Occupancy Issued Unnder The Land Use Act, 1978 I have stated elsewhere in this judgment that the disputed land was deemed granted to the Appellants since the rights of those who abandoned the property are deemed transferred to him. Su33 principles
- Landlord & TenantOn Whether A Landlord Who Resorts To Self-help In A Bid To Recover Possession Of A Premises Tenanted By Him Is Liable In Damages. In the instant case, as I have said, an application by the respondents was still pending before the court of law when the appellants went and took over possession of the101 principles
- Latin WordsOn The Meaning Of The Maxim "Ubi Jus, Ibi Remedium" This brings to mind the Latin maxim – 'Ubi jus, ibi remedium' where there is a right, there is a remedy. The law ensures that if the Plaintiff has a right he must have the means to vindicate that right, and a remedy, if he is injured in the enjoyme33 principles
- Law and OrderOn The Purpose Of The Law Although this Court recently decided by a majority of 3-2 in Spiess v. Oni (2016) 14 NWLR (Pt.1532) 236 that where there is lack of good faith, the bona fide claim of right will not avail a person charged with criminal trespass. The reasoning in the majority decision is tha7 principles
- LeaseOn The Basic Requirements Of A Lease Transaction And what is more, a lease is an exact legal transaction affecting an estate and the law requires some basic requirements. They are (1) The words of demise. (2) The agreement must be complete. (3) The lessor and the lessee must be clearly identified. (1 principle
- Leave of CourtOn Whether Leave Of Court Is Required Before A Fresh Point Can Be Raised And Argued For The First Time In The Supreme Court It is also settled that a point raised for the first time in this Court can only be argued with the leave of the Court because this Court as an appellate Court only has jurisdi93 principles
- Legal MaximOn The Traditional Maxims Of The Rights To Fair Hearing The right to fair hearing is well established and entrenched in our constitutional jurisprudence and indeed enjoys universal appeal and application in view of its constitutional and fundamental importance. Indeed Section 36(4) CFRN 2011 (as ame9 principles
- Legal PractitionerOn Whether The Court Can Interfere With The Issue Of Representation By Counsel To start with, the issue of representation by counsel is a matter of counsel-client relationship, which this Court cannot get involved in – see the case of Chief M.K.O Abiola V. F R N (1996) LPELR-40 (SC), wherein this Co52 principles
- LicenceOn The Differences Between A Tenancy And A Licence As regards the second portion of land for excavation of laterite, my view is that all the 1st Respondent received from the landowners was a mere licence. The relationship between them was not one of landlord and tenant but that of a licensee. See Fo1 principle
- Limitation of ActionOn Where To Begin Computation Of Period Of Limitation When Dealing With Injury Of A Continuing Nature That conclusion calls for an insight into the second limb of sub – section 11(1), dealing with injury of a continuing nature with a view to demonstrating that in computing of period of limitation, t32 principles
- Limitation of PowerOn The Effect Of Limiting The Jurisdiction Of A Court By The Constitution, Rules Of Court Or A Statute And Conferring It On Another Court Or Tribunal For a fuller understanding, it is trite that where the rules of Court or any other rules whatever have curtailed an otherwise unlimited jurisdiction o3 principles
- Locus in quoMeaning Of; Visit To When Necessary The phrase, locus in quo, comes from the Latin language meaning "the place in which". In law, locus in quo refers to the place where the cause of action arose or it may be used as the venue or place mentioned. It is settled law that a visit to the locus in quo may1 principle
- Locus StandiOn Whether Failure To Join A Desirable Party Will Deprive A Plaintiff Of His Initial Locus Standi Where a plaintiff has the necessary capacity and locus to bring an action and then brings it, failure to join a desirable party will not deprive him of his initial locus standi and then rob the Court of33 principles
19 topics
- Malicious ProsecutionOn When An Action For Malicious Prosecution May Not Lie Against A Defendant Thus for a defendant to be shown to have set the criminal law in motion against a plaintiff, it must be proved by evidence that the defendant had in any manner directly influenced the police in the decision to charge the pla3 principles
- MandamusOn What An Applicant Must Show In Order To Establish The Writ Of Mandamus In establishing the prerogative writ of mandamus, the Applicant must show that a distinct demand for the performance of a duty has been made and that the demand has deliberately not been complied with. R. V. WITTS & BERKS CANA1 principle
- ManslaughterOn When The Defence Of Provocation Will Avail An Accused Person To Reduce A Charge Of Murder To Manslaughter Section 318 of the Criminal Code provides as follows: 318. Where a person unlawfully kills another in circumstances which, but for the provisions of this section would constitute murder, does7 principles
- Master ServantOn When Termination Of Employment Can Be Said To Be Lawful Termination of employment would be lawful if the terms of the contract of service between the employer and the employee are complied with. OFORISHE V. NIGERIAN GAS COMPANY LTD:LGC(23/6/2017)C On Master-servant Relationship Generally speaking5 principles
- Material ContradictionOn When Contradiction Will Affect Conviction In all, for contradictions in the evidence of prosecution witnesses to affect a conviction, particularly, in a capital offence, they must raise doubts as to the guilt of the accused person Ukpong v. State LGC(11/1/2019) I On whether witnesses are expected8 principles
- Maxims of EquityOn The Doctrine Of Estoppel It is against this same procedure he acquiesced in that the appellant is making so much fuss about. Equity follows the law and will not allow a party to approbate and reprobate on the same issue. Equity, acting in personam, will forbid anything that is unconscionable to d5 principles
- Measure of DamagesOn The Measure of Damages In Negligence Actions In negligence actions the measure of damages is that the injured party is to be placed back, so far as money can do it, in the same position as he would have been in had it not been for the defendant's negligence. This is subject to the rules of remote5 principles
- Medical EvidenceOn When Medical Evidence In Needless To Prove Homicide ...in situations...., where, from the testimonies of the witnesses, the cause of death is obvious, medical evidence ceases to be of any practical or legal necessity in homicide cases. Such a situation arises where death was instantaneous or near2 principles
- MemorandumOn Whether A Memorandum Of Understanding Or Letter Of Intent Binds The Parties To A Contract For the definition of "memorandum of understanding", in Black's Law Dictionary, 8th edition at page 1006, the reader is directed to the definition of "Letter of intent, which is found at page 924 thereof and1 principle
- Mens ReaOn The Two States Of Mind That Constitute The Mens Rea There are only two states of mind which constitute mens rea, according to Black's Law Dictionary at p.1076 9th ed., citing J. W. Cecil Turner: KENNYs OUTLINE OF CRIMINAL LAW 29 – 30 (6th Ed. 1952). They are the intention, and recklessness with w9 principles
- Mesne ProfitsOn The Differences Between Mesne Profits And Damages For Use And Occupation What is mesne profits? This expression simply means intermediate profits – that is, profits accruing between two points of time, that is between the date when the defendant ceased to hold the premises as a tenant and the dat17 principles
- MisdirectionOn Whether A Misdirection Is The Same As An Error Of Fact And Whether Error Of Fact And Error Of Law Can Render A Ground Of Appeal Incompetent Misdirection is defined by Black's Law Dictionary 7th Edition as an erroneous jury instruction that may be grounds for reversing a verdict, while fact is def1 principle
- MisrepresentationMislead- On The Meaning Of The Term "Mislead" The word 'mislead' means "to direct wrongly; lead astray or into error – Webster's Comprehensive Dictionary. In effect, the Appellant is saying that the fact that the said intent clause is missing from the Charge, he was directed wrongly or led astray, e4 principles
- Mistake of CounselOn Whether Mistake Of Counsel Can Be Visited On His Client In an application to appeal, this Court has held that it may not amount to sufficient reason merely to say that the counsel was ill or that there was dereliction of duty on the part of his junior or that the volume of chamber work made the c9 principles
- Mixed Law and FactsOn Whether Appeals On Facts Or Mixed Law And Facts Are Within The Jurisdiction Of The Supreme Court Thus, appeals on facts, or mixed law and facts are not primarily within the jurisdiction of this Court. ACHONU V. OKUWOBI: LGC(13/4/2017)J On When Appeal To The Supreme Court On Facts Or Mixed Law And37 principles
- Money LaunderingOn What The Allegation Of Money Laundering Is Premised On In this case, it is clear that allegations of Money Laundering are premised on conversion of resources derived directly or indirectly from illegal act. The presumption of innocence is a hallowed principle lying at the heart of criminal law. I3 principles
- MortgageOn When Property Can Be Transferred To The Mortgagee In A Mortgage Transaction Thus, in a legal mortgage, title to the property is transferred to the mortgagee subject to the proviso that the mortgaged property would be reconveyed by the mortgagor to the mortgagee upon the performance of the conditi3 principles
- MotionsOn Which Of The Two Motions, One Seeking Striking Out, and Another Seeking Preservation, Should Be Heard First Granted that the respondent had filed a motion dated 8th June, 2006 praying the lower Court to strike out the appeal which preceded the appellants' motion of 11th January, 2008, the normal6 principles
- MurderOn What The Prosecution Must Prove In Order To Sustain A Conviction In A Charge Of Murder This Court has held in a plethora of cases that to sustain a conviction in a charge of murder, the prosecution must prove the following ingredients beyond reasonable doubt. That is to say:- 1. That the deceased93 principles
12 topics
- Natural JusticeOn What The Principle Of Natural Justice Requires Natural justice requires that a party to a cause, or a party who ought reasonably to be a party in the suit, must be given the opportunity to put forward his case or defence freely and fully. See KANO NATIVE AUTHORITY v. RAPHAEL OBIORA (1959) 4 FSC 221 principles
- NegligenceOn Whom Lies The Onus Of Proof The burden of proof in negligence is on the plaintiff and the onus, is as in all other civil matters which is not static, does not shift on to the defendant until the plaintiff proves defendant's negligence. HAMZA V. KURE:LGC(26/3/2010)C On What Amounts To Negligence T57 principles
- No Case SubmissionOn The Conditions The Court Must Take Into Consideration In Exercising Discretion On A No Case Submission Section 303 (3) of the Administration of Criminal Justice Act provides for what a Court has to take into consideration in exercising discretion on a no case submission. See KALU vs. IGP (2017) L31 principles
- Notable PronouncementOn The Intention Of The Legislation In Enacting The Electoral Act As It Relates To Nomination Of Candidates For Election It must always be kept in mind that the intention of the legislature in enacting the Electoral Act, 2010, as amended, as it relates to nomination of candidates for election is to100 principles
- NoticeOn Whether The Service Of A Pre-Action Notice Is A Procedural Requirement Of Jurisdiction Or A Substantive Matter Of Jurisdiction I must point out in respect of Issue One that the Courts are agreed that a pre-action notice is a procedural requirement of jurisdiction and not a substantive matter of j13 principles
- Notice of AppealApplication To Amend Notice Of Appeal-What The Court Should Consider Before Granting And in considering the application to amend the Notice of Appeal, the Court should examine the original grounds of appeal to see if there is a ground that would sustain the appeal. AFOLABI FAJEBE & ANOR v. ISAAC ADE53 principles
- Notice of BreachOn What A Buyer Must Do Where The Seller Fails To Deliver The Goods After The Completion Of Payment It must be made clear that one cannot make a proper sale of immovable property which he knows is encumbered but fails to disclose same to the buyer. This kind of behavior is fraudulent and the seller4 principles
- Notice to DefendOn Whether A General Traverse Is Effective To Cast On The Plaintiff The Burden Of Proving The Allegation Denied As shown above, in the opening paragraph of the Statement of Defence, the first defendant employed the mode of pleading known as general traverse. In the words of Mohammed JSC in Ugochukwu4 principles
- Notice to DetermineOn The Orders That The Court May Give Where The Termination Of Employment Of An Employee With Statutory Flavor Is Found To Be Wrong In contracts with statutory flavor where the termination of employment of an employee is found to be wrong, the Court may order specific performance of the contract, in5 principles
- Notice to ProduceOn appropiate way to request for facilities for defence from the prosecutor If the Appellant strongly wanted some facilities which were not made available to him, he would have applied formerly to the trial Court for an order compelling the Respondent to make available those facilities which he requ3 principles
- Notice to QuitOn What Is Required Before A Notice To Quit Can Be Effective It is settled that a notice to quit in order to be effective ought to determine the tenancy at the end of the current term of the tenancy. AFRICAN PETROLEUM LTD V. OWODUNNI:LGC(15/11/1991)E1 principle
- NuisanceOn who can sue on public nuisance So, if by law a suit on public nuisance could only be instituted by the Attorney-General in the light of the hypothesis that the injury, if at all, is one to the public at large for which only the Attorney-General can sue, I do not see how that can be described as t5 principles
9 topics
- OathOn The Implication Where A Witness Has Two Materially Inconsistent Pieces Of Evidence On Oath The law is settled that a witness who has two materially inconsistent pieces of evidence on oath by him on the same issue or print of fact does not deserve to be believed or given the honor of credibility.6 principles
- Obiter DictumOn Whether An Appeal Can Arise Out Of An Obiter Dictum In respect to the other area in this preliminary objection which has to do with the competency of Grounds 2 and 3 of the appellants' Notice of Appeal since according to the Objectors were complaints against an obiter dictum of the Court below an19 principles
- Objection to A ChargeAt What Stage In A Proceeding Should Objection To Defect In A Charge Be Raised? By section 167 (supra), on the other hand, any objection to a charge for any formal defect on the face thereof shall be taken immediately after the charge had been read over to the accused and not later. Put differently,2 principles
- Obtaining by False PretenceOn The Ingredients Of The Offence Of Obtaining By False Pretence It is to be noted that for the prosecution to prove the offence of obtaining by false pretence it must be established thus:- a. A pretence was made by the accused person. b. The pretence was false. c. The accused knew the pretence to b19 principles
- OffenceOn Whether The Prosecution Can Be Said To Have Failed To Prove Its Case Where The Prosecution presents Two Versions Of One Offence Charged The prosecution charged the Appellant for the murder of NDUDIRI ONYEKWERE, NOT NDUBUISI ONYEKWERE, NDUBISI ONYEKWERE, ERNEST NDUBISIS ONYEKWEKWERE, or EARNEST ND60 principles
- Offence of EnticementOn The Ingredients To Be Proved In An Offence Of Enticing A Married Woman The offence of enticing a married woman under Section 389 of the Penal Code can be established if the following ingredients are proved beyond reasonable doubt by the prosecution. The ingredients are:- (a) That the woman is a m5 principles
- Onus of ProofOn What Amounts To Negligence-Whether A Question Of Law Or Fact? The established legal position is that the onus of proving negligence is on the plaintiff who alleges it and unless and until that is proved, it does not shift. In other words where a plaintiff pleads and relies on negligence by conduc46 principles
- Originating ProcessOn Whether The Court Can Proceed To Adjudicate An Action Founded On Defective Initiating Process The cases...cited above have settled the matter with satisfactory finality, to the effect that the proper procedure for signing on behalf of somebody else is to disclose the name and identity of the pers28 principles
- Originating SummonsOn The Nature Of An Originating Summons In effect, Originating Summons is a procedure wherein the evidence is mainly by way of documents and there is no serious dispute as to their existence in the pleadings – see Famfa Oil V. A-G. Fed. (supra). It is usually heard on affidavit evidence and involves17 principles
26 topics
- Particulars of ErrorOn The Reason Why The Particulars Of Appeal Should Not Be Different From The Ground Of Appeal It is also settled that the particulars are the specific reasoning, finding or observations relating to or projecting the error or misdirection complained of – see Globe Fishing Ind. Ltd. v. Coker (1990) 76 principles
- PartiesOn Who Is A Party To A Suit Oputa JSC had cause to define parties as – "Persons whose names appear on the record as Plaintiff or Defendant". Similarly, Oputa JSC again in defining 'a party' had this to say – "A party to an action is a person whose name is designated on record as Plaintiff or Defenda31 principles
- Penal CodeOn The Age Limit Under The Penal Code That Is Incapable Of Giving Consent In A Case Of Rape It is important to note that under the Penal Code a child who is under the age of 14 years is incapable of giving consent See: Sections 39 (c) and 282 (1) (e) of the Code. See also: Shuaibu Isa Vs Kano State7 principles
- Pension LawOn The Meaning Of A Pension Scheme Perhaps, it suffices to add that the pension scheme is an agreement between the parties. That an agreement or contract is a bilateral affair, which needs the ad idem of the parties. And more importantly that a Court of law must always respect the sanctity of the ag4 principles
- Personal ServiceOn The Effect Of Complying With The A Particular Mode Of Service Of Court Process In Odutola v Kayode (1994) 2 NWLR (Pt. 324) 1 at 19- 20 paras G – A, this Court had this to say: Since the lower Court ordered a personal service on the defendant, any other service not in accordance with the order of8 principles
- PerverseOn When Court's Findings Are Considered Perverse A Court's findings are perverse where they are speculative, not being based on any evidence or because the Court had taken into account matters which it ought not to or shut its eyes to the obvious. Because of the miscarriage of justice, they occasion4 principles
- PleaOn The Effect Of A Plea Of Guilty To A Criminal Charge At the trial the appellant pleaded guilty. The simple question is what is the effect of a plea of guilty to a criminal charge? When an accused person represented by counsel is arraigned and the charge read and explained to him in the language he17 principles
- Plea BargainOn Whether A Plea Bargain Arrangement Must Be Reduced Into Writing It is even instructive to note that the concept of Plea Bargain become part of the Federal law only in 2015 when the National Assembly enacted the Administration of Criminal Justice Act in which in part 28 of that Act, Section 270 (713 principles
- PleadingOn whether the court can admit evidence that is contrary to a party's pleading A plaintiff must call evidence to support his pleadings and evidence which is in fact adduced which is contrary to his pleadings should never be admitted. JAMES V. MID-MOTORS NIGERIA CO. LTD LGC(17/11/1978) L On the supre125 principles
- Point of LawOn Whether A Point Of Law Can Be Raised On A Preliminary Objection The law is settled that a point of law can be raised on a preliminary objection by a party to a suit if the point of law will be decisive of the whole litigation. Therefore, where there is a point of law which if decided one way is g1 principle
- PossessionOn The Position Of Law Where Two Persons Are Claiming Concurrently To Be In Possession The law is however well settled and trite too, that where two persons are claiming concurrently to be in possession, the person with better title is one whose possession will be ascribed to. See Mogaji & Ors vs Ca13 principles
- Power of AttorneyOn The Definition Of Power Of Attorney When the fact of the case from the record is placed against the definition of principal and agent supra, it is apparent that the Respondent is not an agent for the Donor of Exhibit A and was not acting and neither was he meant to act on behalf of the Donor of E2 principles
- PrayerOn Whether A Court Can Grant A Prayer That Is Not Specifically Made It is settled law that a court cannot grant to a plaintiff a remedy which has not been claimed and established by the pleading and the evidence respectively. The Court has no power to do so. Thus a Court cannot grant a relief which3 principles
- Preliminary ObjectionOn Whether A Point Of Law Can Be Raised On A Preliminary Objection The law is settled that a point of law can be raised on a preliminary objection by a party to a suit if the point of law will be decisive of the whole litigation. Therefore, where there is a point of law which if decided one way is g46 principles
- PrerogativeOn Whether It Is Within The Prerogative Power Of An Applicant To Declare The Main Relief A Mistake Or An Error Once an applicant asks for alternative relief, it is not within his prerogative to declare the main relief a mistake or error. That right or prerogative belongs to the Court that will choos3 principles
- PresumptionsOn Presumption Of Regularity Of A Filed Brief Of Argument In the case at hand the presumption of regularity enures to the appellant. His brief is to be presumed as having been regularly filed and therefore competent until the presumption is, by concrete facts, rebutted. By Section 168 (1) of the Evi21 principles
- Prima FacieOn The Conditions The Court Must Take Into Consideration In Exercising Discretion On A No Case Submission Section 303 (3) of the Administration of Criminal Justice Act provides for what a Court has to take into consideration in exercising discretion on a no case submission. See KALU vs. IGP (2017) L18 principles
- Primary ElectionOn Which Body Has The Power To Conduct Primary Elections This is because it has been settled by this Court that it is only the National Executive Committee or National Working Committee of a party that has the power to conduct primary elections. See: Emenike Vs P.D.P. (supra): Yar'Adua Vs Yandoma (219 principles
- Probative ValueWhich Court Has The Duty To Evaluate Ascribe Probative Value Evaluation of evidence and the ascription of probative value is the primary duty of the trial Court that saw and assessed the credibility of the witnesses. The appellate Court that does not enjoy this much advantage cannot, on the basis of20 principles
- Professional EthicsCiting a case to mislead the court – How reprehensible I am sure the citation for ALAKE v. THE STATE given above by the learned counsel is misleading and wrong. It is a reprehensible thing for any counsel to do before any Court of law. It is unethically irresponsible and very reckless for a counsel4 principles
- ProofOn The Meaning Of Proof Beyond Reasonable Doubt "Proof beyond reasonable doubt does not mean proof beyond all doubt, or all shadow of doubt. It simply means establishing the guilt of the accused person with compelling and conclusive evidence. A degree of compulsion which is consistent with a high de134 principles
- Property LawOn The Effect Of Section 22(1) Of The Land Use Act 1978 On The Holder Of A Statutory Right Of Occupancy It has been held by this Court that Section 22 (1) of the Land Use Act, 1978 does not prohibit the holder of a statutory right of occupancy from entering into some form of negotiation which may en1 principle
- ProvocationOn Whether An Accused Can Set Up The Defence Of Provocation And Self Defence In The Same Case I, actually, find it curious that the appellant (as accused person at the trial court) set up the defences of self defence and provocation at the same trial. Whereas the Criminal Code provides for self defe32 principles
- Public OfficerProtection Law; When Section 2(a) Would Avail For Section 2 (a) of the Public Officers (Protection) Law to avail any person, two conditions must be satisfied:- (1) It must be established that the person against whom the action is commenced is a public officer or a person acting in the execution of p18 principles
- Public PolicyOn The Implication Of A Stale Claim On A Party In addition to this requirement of public policy, the Law has also taken the view that a stale claim may not only be unfair to a defendant, it may wreak cruelty on him. The reason is simple: with the vagaries of events; the concatenation of avoidable an5 principles
- Public Service RulesOn The Effect Of The Public Service Rules This Court, in SHITTA-BEY v. FEDERAL PUBLIC SERVICE COMMISSION (1981) 1 S.C (Reprint) 26, made it clear that the Civil Service Rules (or Public Service Rules) made by the Federal Civil Service Commission, pursuant to the powers vested by the Constitution, go5 principles
20 topics
- RapeOn The Ingredients Of Rape Under Section 282 Of The Penal Code ...to sustain the concurrent conviction of the appellant by the two Courts below under Section 282 of the Penal Code Law for rape, the prosecution must prove by credible evidence and beyond reasonable doubt that the sexual intercourse th33 principles
- Ratio DecidendiOn Whether Orbiter Dicta Are Appealable Even in the Supreme Court, an obiter dictum is clearly not binding on us or indeed on the Lower Courts, for obiter dicta, though they may have considerable weight, are not rationes decidendi and are therefore not conclusive authority and are not appealable. MO18 principles
- RecklessnessOn The Distinction Between Recklessness And Negligence A reckless conduct is much more than mere negligence. It is a gross deviation, according to Black's Law Dictionary 9th Edition at Page 1385, from what a reasonable person would do. The passage from J. W. Cecil: Kenny's Outlines of Criminal Law (1 principle
- Record of AppealOn Whether An Appellate Court Is Bound By The Record Of Appeal As the Appellant rightly submitted, an appellate Court is bound by the Record of Appeal, which means that this Court is not allowed to venture outside the perimeter of its contents – see Orugbo V. Una (2002) 16 NWLR (Pt. 792) 175 at 206-12 principles
- Recovery of PremisesOn Whether A Landlord Who Resorts To Self-help In A Bid To Recover Possession Of A Premises Tenanted By Him Is Liable In Damages. In the instant case, as I have said, an application by the respondents was still pending before the court of law when the appellants went and took over possession of the100 principles
- Registration of InstrumentOn When An Unregistered Registrable Instrument Would Be Admissible In Law An unregistered registrable instrument, sought to be tendered for the purpose of proving or establishing title to land or interest in land, would be inadmissible under Section 15 of the Land Instruments Registration Law, . Suc13 principles
- ReliefOn The Reliefs Open To A Plaintiff Who Suffers Permanent Disability Indeed, the basic pecuniary entitlement of the plaintiff who suffers permanent disability as a result of fatal accident is the adequate sum representing his loss of earnings and loss of consortium. And under financial loss, loss of6 principles
- RemedyOn Whether A Court Can Grant A Remedy That Is Not Specifically Prayed For It is settled law that a court cannot grant to a plaintiff a remedy which has not been claimed and established by the pleading and the evidence respectively. The Court has no power to do so. Thus a Court cannot grant a relief4 principles
- RentOn Whether A Claim For Rent Is The Same As A Claim For Use And Occupation A claim for rent is clearly different from a claim in respect of use and occupation. METAL CONSTRUCTION (W.A.) LIMITED V. ABODERIN: LGC(26/6/1998)C On The Differences Between Rent And Mesne Profits Rent is different from mesne4 principles
- Reply BriefOn The Function Of A Reply Brief And When It Will Be Necessary For An Appellant To File A Reply Brief As settled on the authorities, the function of a reply brief is to refute the new arguments in the respondent's brief, that is, a reply brief is usually filed in response to new issues raised in the19 principles
- Representative ActionOn The Nature Of A Plaintiff Acting In A Representative Capacity As regards the contention of the 5th co-appellant regarding the representative capacity of the 2nd and 4th appellants, I have considered the authority of Otapo Vs Sunmonu (1987) 2 NWLR (Pt.58) 587 relied on by learned senior counsel. T18 principles
- Representative CapacityOn Whether The Court Can Interfere With The Issue Of Representation By Counsel To start with, the issue of representation by counsel is a matter of counsel-client relationship, which this Court cannot get involved in – see the case of Chief M.K.O Abiola V. F R N (1996) LPELR-40 (SC), wherein this Co21 principles
- Res JudicataOn The Effect Of Res Judicata Again, I think it would be correct to say here that where the principle of Res judicata has been pleaded in a case that its full effect is to oust the jurisdiction of the court to hear the present matter before it as it is predicated on issue(s) or subject matter that h9 principles
- RetractionOn Whether Retraction Of A Confessional Statement Can Render It Inadmissible The law is trite that mere retraction of a voluntary confessional statement by the accused person does not render it inadmissible or worthless. See Egboghonome v. State (1993) 7 NWLR (Pt. 306) 383 and Joseph Idowu v. State52 principles
- RetrialOn The Criteria For A Retrial Order The Court must be satisfied that: (a) the evidence taken may otherwise disclose the commission of the offence substantially, (b) there is no special circumstance that will render it oppressive to put the accused to trial a second time; (c) that to refuse an order18 principles
- Right of OccupancyOn Who Has The Duty To Apply For Governor's Consent It is also the law that it is the holder of a statutory right of occupancy that has the duty to apply for the Governor's (or Ministers) consent in respect of the land he wishes to transfer, assign, mortgage, etc. See: Mbanefo V. Agbu (2014) 6 NWLR28 principles
- RobberyOn The Ingredients Of Robbery/Stealing On whether or not the offence of robbery was made out as required by law, I shall reiterate the necessary ingredients the prosecution/respondent must prove to sustain a charge thereof and these are well set out in the case of Henry Otti v. The State (1991) 8 NW4 principles
- Rule of LawOn The Distinction Between Substantive Irregularity And Procedural Irregularity. For further reference, Order 10 rule 1 (1) and (2) of the rules of court also deals with the waiver of compliance with the rules in the event of non-compliance. In otherwords, where an irregularity is substantive in nat6 principles
- Rules of CourtOn The Essence Of The Rules Of Court Rules of Court are meant to regulate and provide guidelines for the conduct of proceedings before the Court. They are meant to assist the Court in its primary function of dispensing justice to the parties. Where strict adherence to the rules will occasion injusti60 principles
- Rylands v. FletcherOn Exception To The General Rule In Rylands v. Fletcher Another qualification of the general rule enunciated in Ryland v. Fletcher (1898) L.R. 3 H.L.330 is that if the person claiming to be compensated has consented to the dangerous matter being brought on to the defendant's land he cannot recover.2 principles
29 topics
- Sale of LandOn The Effect Of A Part Or Full Payment Made In Respect Of A Sale Of Land From the record, Respondent established that he was put into possession of the three plots of land which he bought and has exercised acts of ownership over two of the plots by selling them. The evidence of the 1st Respondent i6 principles
- Self-DefenceOn Whether An Accused Can Set Up The Defence Of Provocation And Self Defence In The Same Case I, actually, find it curious that the appellant (as accused person at the trial court) set up the defences of self defence and provocation at the same trial. Whereas the Criminal Code provides for self defe4 principles
- Service Outside JurisdictionOn The Importance Of Service Of A Writ Of Summons In Admiralty Proceedings I agree with learned counsel for the respondents that the issue of service of a writ of summons in admiralty proceedings is crucial to this appeal as no Court can enter default judgment against anyone without proof of service3 principles
- Set AsideOn The Mode Of Challenging A Decision Or Order Of A Court A judgment or order of Court remains in force and binding on the parties until it is set aside. Service of Court processes may be a jurisdictional issue which can be raised at any stage of a case. However when a trial Court has determined and15 principles
- SignatureOn What The Court Should Do When The Name Of A Lawyer Who Signed Court Process On Behalf Of Another Lawyer Is Not Disclosed On The Process The cases...cited above have settled the matter with satisfactory finality, to the effect that the proper procedure for signing on behalf of somebody else is to22 principles
- Specific PerfomanceOn Whether The Court Has Discretion To Grant An Order For Specific Performance I am mindful of the fact that Court has discretionary powers to grant specific performance. However, Court could always grant discretionary powers judicially and judiciously and certainly not arbitrarily. It must weigh th5 principles
- Stamp and SealOn Whether Failure To Affix The NBA Seal And Stamp On A Process Renders The Process Null And Void With regard to the lack of NBA stamp and seal on the petition, I refer to the recent decision of this Court in: Gen. Bello Sarkin Yarki v. Senator Abubakar Atiku Bagudu in SC.722/2015 delivered on 13/111 principle
- Standard of ProofOn Whether Strong Evidence That Leaves Remote Possibilities In Favor Of The Accused Can Still Be Considered Proof Beyond Reasonable Doubt It depends on the quality of the evidence tendered by the prosecution. Consequently, if the evidence is strong against an accused person as to leave only a remote80 principles
- Stare DecisisOn The Principle Behind The Doctrine Of Stare Decisis The principle is correct and it is in tandem with the principle of stare decis which is a rule of adherence to judicial precedents. It postulates that when a point or principle of law has been officially decided or settled by a ruling or pronounc22 principles
- State High CourtOn The Primary Function Of The High Court Indeed the evaluation and assessment of the evidence as done by the trial Court and accepted by the Court of Appeal cannot be faulted in view of the materials available on record which has afforded this Court, the opportunity of revisiting what the two Court6 principles
- Statement of ClaimOn Whose Case Determines The Cause Of Action Filed In Court The law is well established that it is the plaintiffs case that determines the cause of action filed in Court. In order to ascertain a cause of action, the immediate materials a Court should look at are the writ of summons,and the averments20 principles
- StatuteOn When An Error In Stating The Statute Or The Section Of The Statute Under Which An Information Or A Charge Is Laid Per se Will Not Be Registered As Material The Appellant's position is that this error vitiates the entire trial; but Section 166 of the CPA makes it abundantly clear that – No error i38 principles
- Statute BarredOn Where To Begin Computation Of Period Of Limitation When Dealing With Injury Of A Continuing Nature That conclusion calls for an insight into the second limb of sub – section 11(1), dealing with injury of a continuing nature with a view to demonstrating that in computing of period of limitation, t26 principles
- Statutory TenantOn The Position Of The Court As To Who A Statutory Tenant Is This Court made this point abundantly clear in Pan Asian African Co. Ltd. v. National Insurance Corporation (Nig.) Ltd. (1982) 9 S.C.1. At p.13, this Court (per Idigbe, J.S.C.) held:- "However, in recent times, the laws relating to Control8 principles
- Stay of ExecutionOn Whether The Grant Or Refusal Of A Stay Of Execution Is At The Discretion Of The Court Stay of execution, conditional or unconditional are granted entirely at the discretion of the court and with all discretionary powers/orders an appeal court is always loath to interfere with the way a court exer11 principles
- Stay of ProceedingsOn The Grounds By Which A Court Can Refuse To Stay Proceedings/Execution Pending An Appeal Fourthly every court has an inherent jurisdiction to stay proceedings on the ground that they are an abuse of process or that they are frivolous and vexatious. By the same token, if the grounds of appeal the A5 principles
- StealingOn The Ingredients Of Robbery/Stealing On whether or not the offence of robbery was made out as required by law, I shall reiterate the necessary ingredients the prosecution/respondent must prove to sustain a charge thereof and these are well set out in the case of Henry Otti v. The State (1991) 8 NW3 principles
- Substantive ClaimOn whether the court can consider alternative claim when a party has proved substantive claim Having made this clarification; I agree, in principle, that where a party to an action has proved his substantive claim there would be no justification to embark on the consideration of his alternative clai4 principles
- Substantive JurisdictionOn The Distinction Between Substantive And Territorial Jurisdiction Substantive jurisdiction refers to matters over which the court can adjudicate and it is usually expressly provided by the constitution or enabling statute. Territorial or geographical jurisdiction refers to the geographical area in2 principles
- Substantive LegislationOn What Happens Where A Subordinate Legislation Does Not Comply With A Substantive Legislation Where the substantive legislation is not complied with, there is no basis to consider the subordinate legislation on the issue because any subordinate legislation which is inconsistent with the principal l2 principles
- Substituted ServiceOn Whether A Trial Court Has The Discretion To Order Substituted Service There it is – the trial Court may order substituted service either after "or without an attempt at personal service".The word "may" makes room for the exercise of discretion. lt is an enabling and permissive word and in that se7 principles
- SubstitutionOn The Meaning Of The Term "Substitution" The word ''substitute" means "a person or thing that you use or have instead of the one you normally use or have" – see Peretu & Ors V. Garila & Ors (2012) LPELR 15534(SC), where Ngwuta, JSC, added Blacks Law Dictionary, 9th Ed., define the word, substitutio6 principles
- Summary TrialOn The Conditions Which A Magistrate Court Must Comply With In Order For A Conviction Under The Summary Trial To Be Valid By the provisions of Sections 156 and 157 of the Criminal Procedure Code there could only be a valid conviction under the use of summary trial procedure, if the under listed cond6 principles
- SummonsOn When Public Summons Or Bench Warrant May Be Resorted To In Criminal Proceedings Following the premise that a criminal proceeding commences upon the arraignment of the accused person, the conclusive originating process of a criminal proceeding is the Charge. The originating process cannot be the p1 principle
- Suo MotuOn The Effect Of An Issue Raised Suo Motu By A Judge The issue of whether the trial Court below was right in considering processes which they had not been addressed on processes filed before it. This Court has held particularly in GBAGBARIGHA vs TORUEMI (2013) 6 NWLR (Pt.1350) 289 at 310, paragraphs13 principles
- Supernumerary PoliceOn The Effect Of The Failure In Taking The Accused Before A Superior Police Officer After His Statement Was Obtained On the effect of the failure in taking the accused before a superior police officer after his statement was obtained, the practice and procedure, although desirous is not however a le3 principles
- SupremacyOn The Supremacy Of An Act Of The National Assembly Over The Laws Of The State Houses Of Assembly There is no doubt that both the Value Added Tax Act and the Sales Tax Law of Lagos State provide for the collection of tax from the customer on consumable items stated in the schedules of the two laws.6 principles
- Supreme CourtOn The Ground Upon Which The Supreme Court May Sit In Chamber To Hear A Matter These two cases were predicated on the powers specially vested on the Supreme Court under the Rules of the Supreme Court to sit in chambers to dismiss an appeal either on its own motion or upon the application by the resp12 principles
- Surbodinate LegislationOn What Happens Where A Subordinate Legislation Does Not Comply With A Substantive Legislation Where the substantive legislation is not complied with, there is no basis to consider the subordinate legislation on the issue because any subordinate legislation which is inconsistent with the principal l1 principle
14 topics
- Tainted WitnessOn The Nature Of A Tainted Witness As rightly submitted by learned counsel for the respondent, a tainted witness is a person who may or may not be an accomplice, but who, by the evidence he gives (whether as witness for the prosecution or for the defence) may be regarded as having some purpose of hi6 principles
- TaxationOn When Will The Issue Of Double Taxation Arise With due respect to the learned counsel for the appellant, the above principle of law, and without much ado places the Sales Tax Law of Lagos State in abeyance. Should the two laws be allowed to operate simultaneously, it will amount to double taxation9 principles
- TenancyTenant-On The Qualification Of Becoming A Tenant And When A Tenancy At Sufferance Can Arise Who then is a tenant? Under the Rent Control and Recovery of Residential Premises Law – Section 40(i) provides thus:- "Unless the content otherwise requires "tenant" includes a sub-tenant or any person occupy4 principles
- Tenant at SufferanceTenant-On The Qualification Of Becoming A Tenant And When A Tenancy At Sufferance Can Arise Who then is a tenant? Under the Rent Control and Recovery of Residential Premises Law – Section 40(i) provides thus:- "Unless the content otherwise requires "tenant" includes a sub-tenant or any person occupy5 principles
- Tenant at WillOn When A Tenancy At Will Is Determinable It is not disputed that a tenancy at will is determinable by seven days notice of intention of the landlord to recover possession which was duly complied with in this case. Even if six months notice was given, it does not, per se, change the nature and legal6 principles
- Territorial JurisdictionOn The Distinction Between Substantive And Territorial Jurisdiction Substantive jurisdiction refers to matters over which the court can adjudicate and it is usually expressly provided by the constitution or enabling statute. Territorial or geographical jurisdiction refers to the geographical area in3 principles
- TheftOn The Essential Ingredients Of The Offence Of Theft Or Stealing I shall recast here under the provisions of the said Section 289 of the Penal Code thus: "Section 289: Whoever, being a clerk or servant or being employed in the capacity of a clerk or servant, commits theft in respect of any property3 principles
- Thumb PrintOn Whether Mere Thumb-Impression On A Document Tantamount To Prima-Facie Evidence Of Illiteracy It is trite law that mere thumb-impression on a document tantamount to prima facie as in this instant case, is prima facie evidence that the person who appended his thumb-impression is/was an illiterate U1 principle
- Title to LandOn When An Unregistered Registrable Instrument Would Be Admissible In Law An unregistered registrable instrument, sought to be tendered for the purpose of proving or establishing title to land or interest in land, would be inadmissible under Section 15 of the Land Instruments Registration Law, . Suc117 principles
- Traditional EvidenceOn What A Party Must Plead In Order To Rely On Traditional History Of Land As Root Of Title. It is trite law that in order to establish the traditional history of land relied on as root of title, a plaintiff must plead the names of the founder and those after him upon whom the land devolved to the l19 principles
- TrespassOn When A Person Can be Held Liable For Continuing Tort Of Trespass The general principle of law is that it is a continuing tort of trespass for a person to remain on anothers land without that other's authority or consent and that barring any defences properly raised and sustained, which could defe5 principles
- Trial de novoOn Whether An Order For Fresh Trial, Trial De Novo Or Retrial Is Automatic An order for fresh trial, trial de novo or retrial is not automatic or a matter of course, once the trial is declared a nullity. Each case must be considered in its peculiar circumstances which form its background. When a tri3 principles
- Trial-Within-TrialOn The Distinction Between A Retracted Confessional Statement And One Objected To As Involuntarily Made Different considerations and principles of law govern the admissibility of a confessional statement disowned and one objected to as involuntarily made, see lkpasa V. Bendel State (1981) NSCC 300,26 principles
- TrustOn When The Different Types Of Trust Can Arise In its legal sense, "a trust" is the relationship, which arises wherever a person called the trustee is compelled in equity to hold property, whether real or personal, and whether by legal or equitable title, for the benefit of some persons (of whom he3 principles
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- Undefended ListOn The Essence Of The Undefended List Procedure The essence of the undefended List Procedure in the civil procedure rules of the various High Courts throughout Nigeria, including Order 23 Rule 3(1) of the High Court of the Federal Capital Territory (Civil Procedure) Rules 1989, is to allow a claiman10 principles
- Undue InfluenceOn The Meaning Of Inducement/ Undue Influence Inducement has been defined in Blacks Law Dictionary 8th Edition at page 790, as follows: "The act or process of enticing or persuading another person to take a course of action." See also NGORKA V A.G IMO STATE (2014) LPELR- 22532(CA). For this class of1 principle
- Unlawful EjectionOn Whether Evidence Of Wrongful Ejection Alone Can Constitute A Good Ground For Reversion Of A Decision It is not enough to complain that evidence was wrongfully rejected. Wrongful rejection of evidence will not alone constitute a good ground for reversing a decision. The party complaining must also3 principles
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- WitnessOn Which Court Has The Duty To Evaluate Evidence With Regards To The Credibility Of Witnesses It is the primary duty of the trial Court to evaluate evidence and where the credibility of witnesses is involved, the lower Court's inference from the evidence of witnesses it did not see and assess, it is118 principles
- Words and PhrasesOn The Meaning Of The Maxim "Ubi Jus, Ibi Remedium" This brings to mind the Latin maxim – 'Ubi jus, ibi remedium' where there is a right, there is a remedy. The law ensures that if the Plaintiff has a right he must have the means to vindicate that right, and a remedy, if he is injured in the enjoyme104 principles
- Words and Phrases (2)On Whether A Memorandum Of Understanding Or Letter Of Intent Binds The Parties To A Contract For the definition of "memorandum of understanding", in Black's Law Dictionary, 8th edition at page 1006, the reader is directed to the definition of "Letter of intent, which is found at page 924 thereof and100 principles
- Writ of SummonsOn The Distinction Between The Modes Of Commencing An Action By Order 3 Rule 1 (1) of the 2009 Rules, Civil proceedings at the trial Court may be commenced by Writ or Originating Summons, etc. As the first Respondent said, most, if not all, the pre election matters that come to this Court are initia22 principles