Principles – Page 191 – Nigerian LawCompass

5827 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Power of Appellate Court to Make Consequential Orders — Section 16 of Court of Appeal Act and Section 22 of Supreme Court Act

C.G.G. (Nig.) Ltd v. Ogu (2005) NLC-3032000(SC)

Appellate Practice Supreme Court

The Court of Appeal may invoke its section 16 jurisdiction, and the Supreme Court its counterpart section 22 of the Supreme Court Act. Section 22 empowers…

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CIVIL PROCEDURE — Rules of Court — Purpose of Rules Is to Aid the Administration of Justice

Broad Bank of Nigeria Ltd. v. Alhaji S. Olayiwola & Sons Ltd & Anor (2005) NLC-2882002(SC)

Civil Procedure Supreme Court

Rules of court are made to enable the court meet the ends of justice. They are not immutable and cannot be construed in absolute terms. It…

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CIVIL PROCEDURE — Rules of Court — Non-Compliance with Rules of Court Is Generally Curable

Broad Bank of Nigeria Ltd. v. Alhaji S. Olayiwola & Sons Ltd & Anor (2005) NLC-2882002(SC)

Civil Procedure Supreme Court

Non-compliance with the rules of court is generally curable if not intended to overreach.

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CIVIL PROCEDURE — Originating Processes — Service Out of Jurisdiction — Need for Leave to Issue Writ is a Condition Precedent

Broad Bank of Nigeria Ltd. v. Alhaji S. Olayiwola & Sons Ltd & Anor (2005) NLC-2882002(SC)

Civil Procedure Supreme Court

No writ of summons or originating summons meant to be served outside the jurisdiction may validly be issued without leave being first obtained from the court,…

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CONSTITUTIONAL LAW — Right of Access to Court — Rationale for Time Limits in Chieftaincy Disputes

Okere v. Amadi & Ors (2005) NLC-642000(SC)

Constitutional Law Supreme Court

Chieftaincy tussles constitute a major cause of unnecessary tensions within communities. It is therefore appropriate for a State Government to enact laws prescribing time limits within…

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CONSTITUTIONAL LAW — Right of Access to Court — Time Limit for Commencing Action Not Unconstitutional

Okere v. Amadi & Ors (2005) NLC-642000(SC)

Section 25 of the Traditional Rulers and Autonomous Law of Imo State has not infringed the constitutional rights of a citizen. The sections of the 1979…

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APPELLATE PRACTICE — Grounds of Appeal — Appellate Court Limited to Review of Decision of Lower Court

Okere v. Amadi & Ors (2005) NLC-642000(SC)

Appellate Practice Supreme Court

An appellate court is not an inception of a new case. An appeal is generally confined to consideration of the record from the lower court. An…

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COMMERCIAL LAW — Bills of Exchange — Liability of an Endorser is Equivalent to a New Drawer

Auto Import Export v. Adebayo (2005) NLC-491997(SC)

Commercial Law Supreme Court

Every endorser of a bill is in the nature of a new drawer, and is liable to every proceeding holder in default of acceptance or payment…

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CIVIL PROCEDURE — Pleadings — Party Need Only Plead Material Facts Not Legal Consequence

Auto Import Export v. Adebayo (2005) NLC-491997(SC)

Civil Procedure Supreme Court

It is sufficient for the pleader to state the material facts. He need not state the legal result. If, for convenience, he does so, he is…

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EVIDENCE LAW — Estoppel — Waiver — Essential Elements of Waiver

Auto Import Export v. Adebayo (2005) NLC-491997(SC)

Evidence Law Supreme Court

Waiver is the abandonment of a right. Two elements must co-exist: (i) the party against whom waiver is raised must have knowledge of the act or…

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CONTRACT LAW — Guarantees — Guarantor’s Liability Crystallises Upon Default of Principal Debtor

Auto Import Export v. Adebayo (2005) NLC-491997(SC)

Contract Law Supreme Court

The liability of a guarantor becomes due and mature immediately the debtor/borrower becomes unable to pay its outstanding debt. The guarantor's liability is then said to…

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LABOUR LAW — Termination of Employment — Master and Servant Relationship — Court Cannot Impose Servant on Unwilling Master

Ibama v. Shell Petroleum Development Company of Nigeria Limited (2005) NLC-662000(SC)

Labour Law Supreme Court

No servant can be imposed by the court on an unwilling master, even where the master's behaviour is wrong. For his wrongful act, the master is…

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