In a trial by a judge alone, a distinction must be drawn between evidence absolutely inadmissible and evidence admissible under certain conditions. In the latter class,…

A decision not on the merits could not qualify as a defence through the principle of res judicata. Where a suit was preliminarily dismissed before hearing…

With the issue of a writ of summons, there is a presumption that an application was made by the plaintiff to the court registrar for the…

Non-compliance with rules of court will not necessarily result in the judgment being set aside. Once a party takes a step in the proceedings, he waives…

A party is not allowed to make an assertion against another party if the same assertion was an essential element in a previous suit between the…

Where plaintiffs conceded title in a previous suit, they cannot later relitigate the same issue under a different guise. They hold possession as customary tenants, not…

Where a party admits that the land in dispute is the same as in a previous action, the question of identity is not in issue. The…

For res judicata to apply, the res (subject matter), the issue, and the parties must be the same in the new case as in the earlier…

Under the High Court Civil Procedure Rules 1988 of Ogun State, there is no provision for a High Court to order a non-suit, unlike in the…

Section 16 of the Court of Appeal Act empowers the Court of Appeal to make an order which the court below could have made. The Court…

An appellate court will not ordinarily interfere with findings of fact of a trial court which are supported by evidence unless such findings are perverse or…

Where parties have embodied the terms of their contract in a written document, extrinsic evidence is not admissible to add to, vary, subtract from or contradict…