Principles – Page 163 – Nigerian LawCompass

5827 Principles 53 Areas of Law 26 Years Covered

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CIVIL PROCEDURE — Enforcement of Judgments — Duty to Obey Court Orders Until Set Aside

A.G., Anambra State v. A.G., FRN & Ors (2005) NLC-123-003-2004(SC)

Civil Procedure Supreme Court

The plain and unqualified obligation of every person against whom an order is made by a court of competent jurisdiction is to obey it unless and…

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SUPREME COURT — Original Jurisdiction — Requirement of a Dispute Between the Federation and a State

A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC)

Supreme Court

Under section 232(1), the Supreme Court can only assume original jurisdiction where a dispute exists between: (1) the Federation and a State; or (2) a State…

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STATUTORY INTERPRETATION — Interpretation of Decrees — Literal Rule and Intention of the Lawmaker in State Creation Laws

A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC)

Interpretation of Statutes Supreme Court

In order to discover the true intent of the Government by the promulgation of Decree No. 41, the court is entitled to read the Decree in…

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GOVERNMENT — Government Borrowing — Obligation of State to Pay Debts and Federal Government’s Role as Guarantor

A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC)

Supreme Court

The plaintiff cannot be heard to complain about averments that meetings were held to resolve payments due in respect of debts it inherited. The plaintiff, having…

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CONSTITUTIONAL LAW — State Creation — Succession to Assets and Liabilities Upon State Creation

A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC)

Constitutional Law Supreme Court

By section 7(1) of Decree No. 41 of 1991, properties and chattels lying within newly created Abia State were transferred to Abia State. Abia State becomes…

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CIVIL PROCEDURE — Pleadings — Effect of Failure to Traverse Material Averments

A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC)

Civil Procedure Supreme Court

Having regard to the several complaints of the plaintiff, one would have expected the plaintiff to file a reply to this averment so that the defence…

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JURISDICTION — Jurisdictional Error — Failure to Serve Process Vitiates Proceedings

Teno Engineering Ltd v. Adisa (2005) NLC-123-301-2000(SC)

Jurisdiction Supreme Court

Failure to serve process where service of process is required is a failure which goes to the root of the jurisdiction of the court. Any proceedings…

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CONSTITUTIONAL LAW — Fair Hearing — Service of Court Process as a Condition Precedent to Jurisdiction

Teno Engineering Ltd v. Adisa (2005) NLC-123-301-2000(SC)

Constitutional Law Supreme Court

Service of court process is a precondition to vesting jurisdiction in the court. Where notice of proceedings is required, failure to notify any party is a…

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CIVIL PROCEDURE — Default Judgment — Principles Governing Setting Aside Default Judgment

Teno Engineering Ltd v. Adisa (2005) NLC-123-301-2000(SC)

Civil Procedure Supreme Court

In considering an application to set aside a default judgment, the court must consider: (1) reasons for failure to appear; (2) whether there has been undue…

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EVIDENCE LAW — Burden of Proof — Finding That Special Damages Not Proved Inconsistent With Award Compensating for Same

Stirling Civil Engineering (Nigeria) Ltd v. Yahaya (2005) NLC-123-301-2001(SC)

Evidence Law Supreme Court

The trial court having held that the respondent did not prove his special damage for "loss of use and mischief done to the economic trees planted,"…

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DAMAGES AND REMEDIES — General and Special Damages — Award for Unproven Special Damages Is a Wrong Principle of Law

Stirling Civil Engineering (Nigeria) Ltd v. Yahaya (2005) NLC-123-301-2001(SC)

Damages and Remedies Supreme Court

It is incongruous to make an award for a claim for special damages which had not been proved much less particularised. Such an award is made…

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CIVIL PROCEDURE — Judgments — Accidental Slip Rule — Meaning and Application

Stirling Civil Engineering (Nigeria) Ltd v. Yahaya (2005) NLC-123-301-2001(SC)

Civil Procedure Supreme Court

The words "accidental slip" have been judicially considered to mean a clerical mistake in a judgment or order. Such error must be an error in expressing…

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