Standard
EVIDENCE – Admitted Facts – Dispensation of Evidential Proof for Admitted Facts in Civil Proceedings
Bajoden & Anor v. Iromwammu & Anor (1995) NLC-2971990(SC)
In civil proceedings, facts admitted require no evidential proof.
5827
Principles
53
Areas of Law
26
Years Covered
Standard
EVIDENCE – Admissibility of Survey Plan – Declaration of Title Without Survey Plan Where Land is Easily Identifiable
Bajoden & Anor v. Iromwammu & Anor (1995) NLC-2971990(SC)
Where there is no difficulty in identifying the land in dispute, a declaration of title may be made without it being based on any plan.
Standard
APPELLATE PRACTICE – Concurrent Findings of Fact – Non-Interference with Concurrent Findings Supported by Sufficient Evidence
Bajoden & Anor v. Iromwammu & Anor (1995) NLC-2971990(SC)
Concurrent findings supported by sufficient evidence should not be disturbed.
Standard
CIVIL PROCEDURE – Oral Evidence -Duty to call oral evidence on conflicting affidavits
Adkins Scientific Limited v. Aladetoyinbo & Anor (1995) NLC-2591989(SC)
When faced with irreconcilably conflicting affidavits, the court should hear oral evidence from deponents or other witnesses to resolve the conflict, even if no party asked…
Standard
CIVIL PROCEDURE – Affidavit Evidence – Resolution of conflicts in Affidavit Evidence
Adkins Scientific Limited v. Aladetoyinbo & Anor (1995) NLC-2591989(SC)
Where a point arising for determination needs further clarification by evidence, it is the duty of the court to invite the parties to supply such evidence;…
Standard
APPELLATE PRACTICE – Concurrent Findings of Fact – Unwillingness of Supreme Court to interfere with Concurrent Findings of Fact
Ogunlana & Ors v. The State (1995) NLC-301992(SC)
The Supreme Court will not normally interfere with concurrent findings of the two lower courts unless there is a miscarriage of justice or a violation of…
Standard
CRIMINAL PROCEDURE – Forfeiture – Scope of ‘Property’ for Forfeiture
Ogunlana & Ors v. The State (1995) NLC-301992(SC)
The term 'property' under Part 30 of the Criminal Procedure Law includes not only the original property in specie but also property into which it has…
Standard
CRIMINAL LAW -Forfeiture -Proof in Forfeiture Proceedings
Ogunlana & Ors v. State (1995) NLC-301992(SC)
The onus of proving that property subject to a restitution or forfeiture order is from the proceeds of theft is on the prosecution, but this onus…
Standard
EVIDENCE – Accomplice – When a Witness Becomes an Accomplice
Ogunlana & Ors v. The State (1995) NLC-301992(SC)
One becomes an accomplice if he is participes criminis (partner in crime) with regard to the offence charged; mere presence at the commission of a crime…
Standard
EVIDENCE – Accomplice – Accomplices and Tainted Witnesses
Ogunlana & Ors v. State (1995) NLC-301992(SC)
Persons are accomplices if they are participes criminis (partners in crime) in respect of the actual crime charged, whether as principals or accessories before or after…
Standard
CONSTITUTIONAL LAW — Right to Fair Hearing — Grant of Interim Injunctions Ex Parte
7-Up Bottling Company Ltd. & Ors v. Abiola and Sons Nigeria Ltd.*Â (1995) NLC-1911989(SC)
An interim injunction may properly and lawfully be granted upon an ex parte application in appropriate cases where circumstances justify it; such orders are backed by…
Standard
CIVIL PROCEDURE — Ex Parte Applications — Nature of Discretionary Jurisdiction
7-Up Bottling Company Ltd. & Ors v. Abiola and Sons Nigeria Ltd.*Â (1995) NLC-1911989(SC)
It is not the law that once an affected party applies to be heard in defence of an ex parte motion, the court ipso facto loses…