Standard
PRACTICE AND PROCEDURE – Pleadings – Variance between pleadings and evidence
Vanderpuye v. Gbadebo (1998) NLC-2341990(SC)
If evidence led is at variance with the pleadings, it goes to no issue and should be disregarded.
5827
Principles
53
Areas of Law
26
Years Covered
Standard
CONTRACT LAW – Time of the essence – Requirement of specific pleading
Vanderpuye v. Gbadebo (1998) NLC-2341990(SC)
Where time is made of the essence of a contract, this must be pleaded. Evidence showing such understanding is worthless if not pleaded.
Standard
APPELLATE PRACTICE – Concurrent findings of fact – When Supreme Court will not interfere
Vanderpuye v. Gbadebo (1998) NLC-2341990(SC)
Where there are two concurrent findings of fact by the two lower courts, and the appellant has not established any ground to convince the court that…
Standard
PROPERTY LAW – Landlord and tenant – Claim for use and occupation against tenant at sufferance
Metal Construction (W.A.) Ltd. v. Aboderin (1998) NLC-1741994(SC)
One who enters on land by a lawful title, and after his title has ended, continues to retain possession without the landlord's consent is a tenant…
Standard
CIVIL PROCEDURE – Pleadings – Duty to plead material facts and not legal results
Metal Construction (W.A.) Ltd. v. Aboderin (1998) NLC-1741994(SC)
It is sufficient for the pleader to state the material facts. He need not state the legal result. If he does so for convenience, he is…
Standard
CIVIL PROCEDURE – Jurisdiction of court – Power to award less than amount claimed
Metal Construction (W.A.) Ltd. v. Aboderin (1998) NLC-1741994(SC)
It is trite law that a court of law may enter judgment for less and never for more than a plaintiff has claimed.
Standard
EVIDENCE LAW – Proof of title to land – Sufficiency of traditional evidence
 Nkwo v. Iboe (1998) NLC-2731991(SC)
It is settled law that a declaration of title to land can be granted on the basis of traditional evidence alone. But such traditional evidence must…
Standard
CIVIL PROCEDURE – Declaratory relief – Burden of proof on plaintiff to succeed on strength of own case
Nkwo v. Iboe (1998) NLC-2731991(SC)
In a declaratory action, the onus of proof lies on the plaintiff, and he must succeed on the strength of his own case and not on…
Standard
APPELLATE PRACTICE – Concurrent findings of fact – Attitude of the Supreme Court to interference
Nkwo v. Iboe (1998) NLC-2731991(SC)
The Supreme Court will not disturb concurring findings of fact by lower courts which are supported by sufficient evidence. To succeed, the appellant must show that…
Standard
LAND LAW – Trespass and injunction – Claim puts title in issue
Oladele v. Anibi (1998) NLC-3021991(SC)
Where a plaintiff claims for trespass and injunction, he puts his title in issue.
Standard
APPELLATE PRACTICE – Concurrent findings of fact – Attitude of the Supreme Court to interference
Oladele v. Anibi (1998) NLC-3021991(SC)
The Supreme Court will not disturb concurrent findings of fact by lower courts where such findings are supported by sufficient evidence. Interference is only warranted where…
Standard
APPELLATE PRACTICE – Brief writing – Requirement that issues for determination arise from grounds of appeal
Oladele v. Anibi (1998) NLC-3021991(SC)
Brief of argument must be based on and related to grounds of appeal, especially the issues for determination formulated. Grounds of appeal to the Court of…