The right approach is for the trial Judge to first consider the application to amend the statement of claim, and grant it if so disposed, before…

As a matter of general principle, a court should deal with and determine all issues placed before it. There are recognised exceptions. Where the court considers…

A cause of action is the bundle of facts which the law recognises as giving the plaintiff a substantive right to make the claim. The factual…

A party cannot rely on facts justifying setting aside a grant as defence in trespass while the grant subsists and has not been set aside. The…

The reference in the certificate to "Rigachikun" which is not in Kaduna Local Government was demonstrably established by witnesses on both sides and accepted by the…

An exercise of statutory power cannot be held to be invalid unless it is shown that the exercise is contrary to the statute. Mere administrative procedures…

The Supreme Court will not disturb concurrent findings of fact made by the lower courts where such findings are supported by sufficient evidence. Such findings can…

The Court of Appeal is duly constituted if it consists of at least three Justices. Although a Justice who did not take part in hearing may…

Strict proof required to establish special damages translates into a necessity for the plaintiff to call evidence to show the shortfall on each of the counterfoils…

A claim made on the writ of summons which is not repeated in the statement of claim or which is varied in the statement of claim…

Claim for special damages must be strictly proved.

A claim for special damages must be specifically pleaded and strictly proved. Strict proof requires evidence on each item pleaded.