Where an appellate court wishes to raise and determine a new issue suo motu that is fundamental to the determination of the appeal, it must invite…

Where a claim for trespass and injunction is brought, title to the land is put in issue. The law ascribes possession to the party with the…

In a trespass action where the plaintiff relies on a grant, he must prove the validity of that grant in order to succeed.

Under Bini customary law, to acquire a legal estate in communal land, the applicant must show that his application was recommended to the Oba for approval…

An order of retrial is not appropriate where it is manifest that the plaintiff's case failed entirely and no irregularity is apparent on the record or…

When dealing with judgments or matters from native courts, an appellate court is entitled to go beyond what appears on the face of the claim and…

To sustain a plea of res judicata, the party pleading it must satisfy: (1) the parties or their privies are the same in both cases; (2)…

The onus of proving that any payment was made or anything done was with the permission of the appropriate authority shall be on the person charged.

Where a transaction is illegal under the Exchange Control Act, the court will not lend its aid to enforce obligations arising from it, as the entire…

A contract is illegal if the consideration or promise involves doing something illegal or contrary to public policy, or if the intention of the parties is…

In a claim for conversion, only the value of the chattel at the date of conversion may be claimed. Special damages may also be claimed, but…

Trespass to goods is actionable per se, without proof of damage. It lies only in favour of a plaintiff who has possession or the immediate right…