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CRIMINAL LAW – Murder – Ingredients to be Proved
 Durwode v. State (2000) NLC-222000(SC)
In a charge of murder, the burden is on the prosecution to prove that: (a) the deceased had died; (b) the death of the deceased was…
5761
Principles
53
Areas of Law
26
Years Covered
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 APPELLATE PRACTICE – Reliance on Headnotes – Duty of Counsel
Franchal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC)
It is lazy for counsel to rely on headnotes in law reports instead of reading the whole of the facts of the case he is relying…
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APPELLATE PRACTICE – Stay of Execution – When Possession of Record of Appeal is Relevant
Franchal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC)
Possession of record of proceedings per se is not conclusive as to the merits of the appeal. It also does not suggest that it is in…
Standard
APPELLATE PRACTICE – Stay of Execution – Burden on Applicant
 Franchal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC)
An applicant for stay of execution bears the burden of showing that the grant of stay of execution will not result in the determination of the…
Standard
APPELLATE PRACTICE – Stay of Execution – Impecuniosity as Ground for Stay
 Franchal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC)
It is important and pertinent to mention that impecuniosity per se is not a valid ground for the grant of stay of execution of judgment. The…
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APPELLATE PRACTICE – Stay of Execution – Admission of Indebtedness as Ground for Refusing Stay
Franchal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC)
The question therefore is whether it is equitable for this court to grant a stay of execution of the portion of that judgment ordering the applicants…
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 LAND LAW – Traditional Evidence – Conflict in Traditional History – How Resolved
Alli & Anor v. Alesinloye & Ors (2000) NLC-961994(SC)
Where there is a conflict in traditional history, the demeanor of witnesses is of little guide to the truth of the matter as it must be…
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LAND LAW – Proof of Ownership – Methods of Establishing Title
 Alli & Anor v. Alesinloye & Ors (2000) NLC-961994(SC)
The law is well settled that there exist five recognized methods by which ownership of land may be established. These, briefly, comprise as follows: (i) Proof…
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EVIDENCE LAW – Traditional History – Requirements for Pleading
Alli & Anor v. Alesinloye & Ors (2000) NLC-961994(SC)
It is not sufficient for a party who relies for proof of title to land on traditional evidence, as in the present case, to merely prove…
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EVIDENCE LAW – Traditional History – Who May Give Evidence of Family Tradition
Alli & Anor v. Alesinloye & Ors (2000) NLC-961994(SC)
Evidence of traditional history in land matters which is nothing short of evidence of a historical fact transmitted from generation to generation in respect of a…
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 EVIDENCE LAW – Admissibility of Previous Statements – Statement Against Proprietary Interest of Deceased Person
 Alli & Anor v. Alesinloye & Ors (2000) NLC-961994(SC)
Statements, written or verbal, of relevant facts made by a person who is dead are themselves relevant facts in the following cases: (c) when the statement…
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APPELLATE PRACTICE – Error in Judgment – When Reversal Justified
 Alli & Anor v. Alesinloye & Ors (2000) NLC-961994(SC)
It is not every mistake or error in a judgment that will result in an appeal being allowed. It is only where the error is substantial…