Kola tenancy is governed by the lex situs (law of the place where the land is situated), not the personal law of the deceased tenant. So…

Under Mgbelekeke family customary law, kola tenancy is inheritable by the children of a deceased kola tenant no matter the sex, but only upon production by…

A binding judicial declaration must derive from established principles of law. There must be a cause upon which the declaration is founded. Issues must be joined…

Concurrent findings of fact must be justifiably defended from the available evidence. Where they are not, they foster a miscarriage of justice, and the court will…

There is a general presumption that every person is sane until the contrary is proved. Section 27 of the Criminal Code provides that everyone is presumed…

Where the age of the accused person is material for conviction or relevant for determining sentence and evidence of such age is not conclusive, the trial…

Where it is doubtful that the accused had attained the age of 17 years when he committed the offence, that doubt ought to be resolved in…

For an accused to rely on the first limb of section 28 of the Criminal Code, he must prove that at the time of the offence,…

In determining the defence of insanity, the trial judge must consider any admissible medical evidence and the whole of the facts and surrounding circumstances, including the…

The law is that evidence of insanity tendered by the accused himself is suspect and is not usually taken seriously.

For the second limb of section 28 of the Criminal Code to avail an accused person as a defence, he must show that there is a…

An accused who pleads insanity has the burden of proving he was suffering from insanity at the time of the offence. The burden is on the…