Where findings of fact are a result of inferences drawn from facts primarily found by the trial court, the appellate court is at liberty to form…

It is not the function of an appellate court to substitute its own views for those of a court of first instance with respect to facts…

Where a party's case has inconsistencies or contradictions, the court is not obliged to arrange for oral evidence to resolve them. The onus is on the…

Oral evidence cannot be used to contradict, alter, or vary a written contract. Any separate or subsequent oral agreement must be distinctly pleaded and specifically proved.

Where a contract is to be performed outside Nigeria, the Nigerian court lacks territorial jurisdiction over a claim arising from that contract, unless the contract was…

The issue of whether a plaintiff's action is properly within jurisdiction or justiciable can be determined even on the endorsement of the writ of summons, as…

Equating demurrer with objection to jurisdiction can be misleading. In demurrer, the defendant accepts the plaintiff's facts as true but contends that the plaintiff has no…

Any amendment of pleadings made or ordered at any stage of the proceedings before judgment, or even made on appeal, dates back to the date when…

Courts are entitled to raise any issue of law relating to any matter before them, but the parties must be given the opportunity to address the…

Leave is required to file and argue any fresh point not canvassed in a lower court. However, where the issue is raised by the Court of…

The exercise by the Court of Appeal of its discretion to grant an application for amendment is a "decision" within the meaning of the Constitution. The…

Where a conveyance is made in professed exercise of the power of sale, the purchaser's title shall not be impeached on the ground that no case…