Principles – Page 150 – Nigerian LawCompass

5827 Principles 53 Areas of Law 26 Years Covered

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DAMAGES AND REMEDIES — Quantum of Damages — Court May Award Less Than Claimed but Not More

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Damages and Remedies Supreme Court

While a court cannot award more than what a plaintiff claims, it can award less.

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LAND LAW — Boundary Disputes — Status Quo at State Creation Determines Boundary of Disputed Communities

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Land Law Supreme Court

It is in the interest of both parties that the status quo as at the time the two states were created be maintained. That position is…

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JURISDICTION — Original Jurisdiction of Supreme Court — Concurrent Jurisdiction with NBC Does Not Oust Court’s Power

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Supreme Court

Under section 3 of the NBC Act, the functions of the NBC do not oust the Supreme Court's original jurisdiction. A boundary can be proved by…

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CIVIL PROCEDURE — Counter-Claim — Counter-Claim Not Against Plaintiff Must Be Struck Out as Incompetent

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Civil Procedure Supreme Court

A counter-claim is a claim by the defendant against the plaintiff's claim. Where paragraphs of a counter-claim do not refer to the plaintiff, they are incompetent.

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CONSTITUTIONAL LAW — Original Jurisdiction of Supreme Court — Dispute Between States Not Premature by Pendency Before National Boundary Commission

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Constitutional Law Supreme Court

Before invoking the Supreme Court's original jurisdiction in a boundary dispute between states, it cannot be suggested that the National Boundary Commission should have determined the…

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APPELLATE PRACTICE — Right of Appeal — Right of Appeal Is Statutory and Must Be Derived from Constitution or Statute

Ekulo Farms Ltd & Anor v. Union Bank of Nigeria Plc (2006) NLC-123-306-2001(SC)

Appellate Practice Supreme Court

The right of appeal is created by statute or the Constitution, and no court has jurisdiction to hear any appeal unless it is derived from a…

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CONSTITUTIONAL LAW — Constitutional Interpretation — Words of Constitution Must Be Given Ordinary and Literal Meaning

Ekulo Farms Ltd & Anor v. Union Bank of Nigeria Plc (2006) NLC-123-306-2001(SC)

Constitutional Law Supreme Court

In interpreting statutes or the Constitution, words should be given their ordinary meaning to discover the intention of the lawmaker. Where words are clear and not…

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APPELLATE PRACTICE — Jurisdiction of Court of Appeal — Court Lacks Jurisdiction to Entertain Appeal Barred by Constitution

Ekulo Farms Ltd & Anor v. Union Bank of Nigeria Plc (2006) NLC-123-306-2001(SC)

Appellate Practice Supreme Court

Where a court lacks jurisdiction, any proceedings before it are an exercise in futility. Section 220(2)(a) of the 1979 Constitution precludes the Court of Appeal from…

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APPELLATE PRACTICE — Right of Appeal — Constitutional Provisions Are Clear and Must Be Given Ordinary Meaning

Ekulo Farms Ltd & Anor v. Union Bank of Nigeria Plc (2006) NLC-123-306-2001(SC)

Appellate Practice Supreme Court

Constitutional provisions are clear and unambiguous and do not call for additional words before they can be given their ordinary meaning. The Court of Appeal erred…

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APPELLATE PRACTICE — Right of Appeal — Exclusion of Right of Appeal from Decision Granting Unconditional Leave to Defend

Ekulo Farms Ltd & Anor v. Union Bank of Nigeria Plc (2006) NLC-123-306-2001(SC)

Appellate Practice Supreme Court

Under section 220(2)(a) of the 1979 Constitution, there is no right of appeal from a decision of any High Court to the Court of Appeal where…

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APPELLATE PRACTICE — Issue Formulation — Issues Should Not Outnumber Grounds of Appeal

Mozie & Ors v. Mbamalu & Ors (2006) NLC-123-345-2001(SC)

Appellate Practice Supreme Court

Issues should not outnumber grounds of appeal. Issues are framed from one or more grounds of appeal, preferably more than one ground. The practice is that…

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CIVIL PROCEDURE — Jurisdiction — Lack of Jurisdiction Is Irreparable

Umanah v. Attah (2006) NLC-123-255-2005(SC)

Civil Procedure Supreme Court

If a court has no jurisdiction, no amount of successful case made out of fraud can resuscitate or rescue jurisdiction. Lack of jurisdiction is irreparable in…

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