Principles – Page 164 – Nigerian LawCompass

5827 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Raising Issue Suo Motu — Court Must Afford Parties Opportunity to Address the Court

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

Appellate Practice Supreme Court

Though the court has jurisdiction to raise an issue suo motu, it has not the jurisdiction to resolve the issue suo motu. The court must give…

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APPELLATE PRACTICE — Issue Formulation — A Single Issue Can Encompass More Than One Ground of Appeal

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

Appellate Practice Supreme Court

A single issue should contain or encompass the point raised in one or more grounds of appeal. A number of grounds of appeal may raise a…

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APPELLATE PRACTICE — Grounds of Appeal — Competency of Grounds of Appeal — Clear and Unambiguous Complaint Not to Be Struck Down

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

Appellate Practice Supreme Court

The object of a ground of appeal is to apprise the opposite party of the nature of the complaint. Where the complaint is clear and unambiguous…

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PROPERTY LAW — Fixtures — Maxim Quic Quid Plantatur Solo Solo Cedit — Consequence of Building on Land with Defective Title

Owie v. Ighiwi (2005) NLC-123-257-2000(SC)

A developer must satisfy himself with the validity of title to land before erecting a building. Erection on land with defective title can lead to losing…

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PROPERTY LAW — Fixtures — Maxim Quic Quid Plantatur Solo Solo Cedit — Building on Another’s Land Belongs to Landowner

Owie v. Ighiwi (2005) NLC-123-257-2000(SC)

Property Law Supreme Court

The doctrine of quic quid plantatur solo solo cedit operates against the appellant.

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LIMITATION LAW — Accrual of Cause of Action — Cause of Action in Trespass to Land Accrues Upon Trespass

Owie v. Ighiwi (2005) NLC-123-257-2000(SC)

Limitation Law Supreme Court

Until the appellant, his servants and agents went onto the respondent's land and started digging foundation, the respondent's cause of action had not arisen despite the…

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LIMITATION LAW — Accrual of Cause of Action — Time Begins to Run When All Material Facts Are Complete

Owie v. Ighiwi (2005) NLC-123-257-2000(SC)

Limitation Law Supreme Court

Time begins to run for filing an action when the cause of action arose: when there exists a person who can sue and another who can…

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LAND LAW — Title to Land — Priority of Interest — First in Time Takes Priority Only Where Grants Relate to Same Parcel

Owie v. Ighiwi (2005) NLC-123-257-2000(SC)

Land Law Supreme Court

Where the issue of priority of interest arises and the grant relates to the same parcel of land, then the first in time takes priority.

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LAND LAW — Title to Land — Declaration of Title — Plaintiff Must Succeed on Strength of Own Case but May Take Advantage of Weakness of Defendant’s Case

Owie v. Ighiwi (2005) NLC-123-257-2000(SC)

Land Law Supreme Court

The respondent can take advantage of the weakness of appellant's case since it goes to strengthen his (respondent's) case.

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LAND LAW — Title to Land — Boundary and Features — Survey Plan as Proof of Boundary

Owie v. Ighiwi (2005) NLC-123-257-2000(SC)

Land Law Supreme Court

Production of a survey plan showing the extent and boundaries of land in dispute is one way to prove boundaries. A plan is not a sine…

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LAND LAW — Customary Land Tenure — Proof of Title Under Bini Customary Law — Procedure for Acquisition

Owie v. Ighiwi (2005) NLC-123-257-2000(SC)

Land Law Supreme Court

The procedure for acquisition of title to land under Bini customary law requires: (a) The Oba of Benin as competent authority and trustee; (b) application to…

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EVIDENCE LAW — Wrongful Admission of Evidence— Wrongful Admission Not Ground for Reversal Unless It Occasions Miscarriage of Justice

Owie v. Ighiwi (2005) NLC-123-257-2000(SC)

Evidence Law Supreme Court

Assuming without conceding that exhibit 'E' was wrongly admitted, such wrongful admission did not occasion a miscarriage of justice to warrant disturbing the concurrent decisions of…

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