There is clearly no doubt at all that the effect of a successful plea of contributory negligence would be the apportionment of blame between the culprits/parties,…

As for the measure of damages, the principle is that the measure of damages is to be apportioned according to the proportions in which the parties…

However, the burden of proving contributory negligence in the Plaintiff rests on the Defendant. And this may be inferred from the Plaintiff's own evidence, or on…

The 2nd Defendant might not have chosen to use the words 'Contributory Negligence' themselves, but the facts pleaded in those paragraphs have the effect of a…

Clearly the learned trial judge could not have said that 'there is no receipt for the engines' in one breadth, and then in another breadth proceed…

Many statutes and subsidiary legislations usually lie dormant in the statute book. There is no obligation on those likely to be affected by them to rush…

Taking into consideration the provisions of the 1979 Constitution (supra) the ouster clauses in the Traditional Rulers and Chiefs Law 1979 of the defunct Bendel State,…

What is meant by abuse of process of court? It simply means that the process of the court has not been used bona fide and properly.…

It cannot, in my view, be correctly and legally argued that the High Court cannot entertain and adjudicate on such a claim in the exercise of…

A cause of action arises when there is in existence, a person who can sue and another who can be sued, and when all the facts…

In a consolidated action, both parties are plaintiffs and in this case, each is claiming declaration of title to the pieces of land in dispute. The…

Section 77(d)(ii) of the Evidence Act reads: '(d)(ii) If oral evidence refers to the existence or condition of any material thing other than a document, the…