Principles – Page 222 – Nigerian LawCompass

5827 Principles 53 Areas of Law 26 Years Covered

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CIVIL PROCEDURE — Jurisdiction — Territorial Jurisdiction — Finding on Residence Not Appealed Binding on Parties

Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC)

Civil Procedure Supreme Court

The trial court found as a fact that the contract was to be performed at Calabar outside the jurisdiction and that the defendant does not reside…

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APPELLATE PRACTICE — Issue Formulation — Court Raising Issue Suo Motu — Obligation to Hear Parties Before Deciding

Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC)

Appellate Practice Supreme Court

Courts have the power to raise suo motu relevant issues not before the court for determination of the case. However, the court must adhere strictly to…

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APPELLATE PRACTICE — Grounds of Appeal — Appeal Involving Questions of Law Alone — Leave Not Required for Interlocutory Decisions

Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC)

Appellate Practice Supreme Court

Section 241(1)(b) of the 1999 Constitution provides that an appeal may be as of right from the decisions of the High Court to the Court of…

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LAND LAW — Declaration of Title to Land — Burden to Prove Identity of Land Arises Only Where Defendant Raises It in Defence

Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC)

Land Law Supreme Court

A plaintiff seeking a declaration of title to land has the primary duty to prove clearly and unequivocally the precise area to which his claim relates.…

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CIVIL PROCEDURE — Substantial Justice — Courts Should Do Substantial Justice Without Undue Adherence to Technicalities

Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC)

Civil Procedure Supreme Court

The attitude of the courts nowadays is to do substantial justice without undue adherence to technicalities. Justice can only be done if the substance of the…

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CIVIL PROCEDURE — Pleadings — Ascertaining Plaintiff’s Claim Requires Examination of Entire Statement of Claim Including Survey Plans

Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC)

Civil Procedure Supreme Court

To ascertain the exact claim of a plaintiff in a suit, one generally must have recourse to the writ of summons and the claim as endorsed…

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CIVIL PROCEDURE — Non-Suit — Non-Suit Not to Be Granted on Mere Technical Hitch Where Plaintiff Has Proved Entitlement

Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC)

Civil Procedure Supreme Court

Where a plaintiff fails to adduce sufficient evidence on a crucial point, and where the state of evidence does not entitle the defendant to judgment, the…

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CIVIL PROCEDURE — Non-Suit — Non-Suit Inappropriate Where Plaintiff Has Proved Title to Land in Dispute

Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC)

Civil Procedure Supreme Court

A non-suit is appropriate where there is no satisfactory evidence enabling the court to give judgment to either of the parties and wronging neither. Since both…

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CIVIL PROCEDURE — Injunctions — Injunction Requires Boundaries of Affected Area to Be Ascertained and Properly Described

Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC)

Civil Procedure Supreme Court

An injunction can only be granted and binding when the boundaries of the area or areas to be affected are ascertained, well known and properly described.

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APPELLATE PRACTICE — Grounds of Appeal — Omnibus Ground in Civil Cases Must Be Framed as Judgment Against Weight of Evidence

Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC)

Appellate Practice Supreme Court

In civil cases which are decided on the basis of preponderance or balance of evidence, the omnibus ground of appeal is simply that the judgment is…

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EVIDENCE LAW — Weight of Evidence — Findings Not Supported by Evidence Are Perverse and Cannot Sustain Judgment

Jolayemi & Ors v. Alaoye & Anor (2004) NLC-1062000(SC)

Evidence Law Supreme Court

It is the law that perverse findings cannot sustain a judgment even if upheld on appeal by the Court of Appeal. The court below was in…

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EVIDENCE LAW — Proof of Custom — Exclusive Entitlement to Chieftaincy Stool Established by Uncontradicted Evidence of Unbroken Succession

Jolayemi & Ors v. Alaoye & Anor (2004) NLC-1062000(SC)

Evidence Law Supreme Court

Since the establishment of Arandun in 1931 up till 1994, when the last Ejemu died a period of 63 years, the Ejemu who ruled Arandun were…

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