As a trustee, the eldest son is entitled to sell family land before the performance of second burial rites insofar as the sale is not tainted…

Under Benin customary law, upon the death of a father, the eldest son holds the estate as trustee for all children pending the performance of second…

All the facts of the purchase were clearly averred in the statement of defence for the court to see. The trial court made good use of…

A defence averring that the claim is bad in law and equity is sufficient when preceded by detailed material facts showing that the defendant was a…

An amendment will not be granted if it is inconsistent with the testimonies of witnesses on which both parties fought the case. Such an amendment would…

An amendment to change the nature of the claims before the court will not be allowed.

Amendment is allowed to prevent injustice, but not if it will cause injustice to the other party or violate the rule of audi alteram partem. The…

Although an appellate court has inherent powers of amendment in proper cases, such powers are exercised restrictively on appeal. Generally, they are exercised to correct obvious…

The principle quic quid plantator solo solo cedit means that once a person is adjudged the rightful owner of land, the land together with whatever is…

Evidence led during cross-examination on issues joined is not inadmissible merely because such evidence is not supported by the pleading of the party eliciting the evidence.…

Evidence procured from cross-examination is as valid and authentic as evidence from examination-in-chief. Both have the potency of relevancy, and relevancy is the heart of admissibility.…

Although specific performance will not be readily granted where damages are adequate, in a contract for the sale of land, damages cannot adequately compensate a party.…