Standard
EVIDENCE LAW — Unchallenged Evidence — Effect
Ezeanya v. Okeke (1995) NLC-2651988(SC)
Where evidence given by a party was not challenged by the opposite party who had the opportunity to do so, it is always open to the…
5827
Principles
53
Areas of Law
26
Years Covered
Standard
CUSTOMARY LAW — Yoruba Customary Law — Land Transaction — Slaughtering of Goat — Effect Under Nnokwa Customary Law
Ezeanya v. Okeke (1995) NLC-2651988(SC)
By Nnokwa custom, the killing of a goat symbolised that the land became irredeemable and the purchaser's forever. Where a party has pleaded a custom and…
Standard
CUSTOMARY LAW — Proof of Custom — Pleading and Evidence Required
Ezeanya v. Okeke (1995) NLC-2651988(SC)
Customary law must be proved by evidence unless judicial notice can be taken. It is unsafe to accept the testimony of the only person asserting a…
Standard
CIVIL PROCEDURE — Res Judicata — Parties in Representative and Personal Capacities
Ezeanya v. Okeke (1995) NLC-2651988(SC)
An action brought against a defendant personally and later against him in a representative capacity does not create res judicata, as the parties are not the…
Standard
CIVIL PROCEDURE — Res Judicata — Criminal Judgment as Res Judicata in Subsequent Civil Proceedings
Ezeanya v. Okeke (1995) NLC-2651988(SC)
Section 54 of the Evidence Act provides that every judgment, whether civil or criminal, is conclusive proof, as against the parties and their privies, of facts…
Standard
CIVIL PROCEDURE — Res Judicata — Conditions for Establishing Plea — Identity of Parties, Subject Matter, and Issues
 Ezeanya v. Okeke (1995) NLC-2651988(SC)
For the plea of res judicata to succeed, there must be established identity of parties (or privies), identity of the subject matter, and identity of claim…
Standard
APPELLATE PRACTICE — Standard of Review — Raising Issues Suo Motu — Duty of Court to Hear Parties
Ezeanya v. Okeke (1995) NLC-2651988(SC)
On no account should a court raise a point suo motu, no matter how clear it may appear, and proceed to resolve it without giving the…
Standard
APPELLATE PRACTICE — Interference with Findings of Fact — Principles Governing
Ezeanya v. Okeke (1995) NLC-2651988(SC)
An appellate court will not ordinarily interfere with findings of fact made by a trial court except where the trial court has not made proper use…
Standard
CONSTITUTIONAL LAW — Fair Hearing — Ex Parte Applications — When Permissible — Section 33(1) of 1979 Constitution
Provisional Liquidator of Tapp Industries Limited v. Tapp Industries Limited (1995) NLC-2281991(SC)
The right to fair hearing under Section 33(1) of the Constitution is not infringed by an ex parte application where the application does not involve a…
Standard
COMPANY LAW — Liquidation — Statutory Powers — Section 224 of Companies Act, 1968 — Custody of Company Property
Provisional Liquidator of Tapp Industries Limited v. Tapp Industries Limited (1995) NLC-2281991(SC)
The word "appears" in Section 224 of the Companies Act, 1968, empowers the liquidator to take custody of property which appears to him to belong to…
Standard
COMPANY LAW — Liquidation — Powers of Provisional Liquidator — Whether Restricted by Instrument of Appointment
Provisional Liquidator of Tapp Industries Limited v. Tapp Industries Limited (1995) NLC-2281991(SC)
Unless expressly restricted in his instrument of appointment, the provisional liquidator has the ordinary powers of a liquidator under Section 224 of the Companies Act, 1968,…
Standard
COMPANY LAW — Liquidation — Ex Parte Application for Extension of Time — Whether Requires Notice to Parties
Provisional Liquidator of Tapp Industries Limited v. Tapp Industries Limited (1995) NLC-2281991(SC)
An application by a provisional liquidator for extension of time to complete his assignment does not affect the civil rights and obligations of any party and…