Principles – Page 432 – Nigerian LawCompass

5761 Principles 53 Areas of Law 26 Years Covered

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JURISDICTION – Jurisdiction of Court – Sharia Court of Appeal – Form CA9 – Effect on Jurisdiction

Magaji v. Matari (2000) NLC-1361994(SC)

The Sharia Court of Appeal under 1979 Constitution has no jurisdiction to determine any matter which is not an issue of Islamic personal law regardless of…

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JURISDICTION – Jurisdiction of Court – Requirements for Valid Exercise

Magaji v. Matari (2000) NLC-1361994(SC)

Supreme Court

A Court has and can only exercise jurisdiction when: (1) it is properly constituted as regards number and qualification of members of the bench, and no…

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JURISDICTION – Jurisdiction of Court – Fundamental Nature – Priority of Determination

Magaji v. Matari (2000) NLC-1361994(SC)

Jurisdiction Supreme Court

It is both fundamental and elementary principle in the adjudicatory process that where the jurisdiction of the court or judge is in issue in respect of…

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JURISDICTION – Jurisdiction of Court – Determination of Jurisdiction – Plaintiff’s Claim as Basis

Magaji v. Matari (2000) NLC-1361994(SC)

Jurisdiction Supreme Court

It is the plaintiff's claim that determines the issue of jurisdiction.

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CONSTITUTIONAL LAW – Judicial Powers – Sharia Court of Appeal – Matters of Islamic Personal Law – Limitation to Enumerated Subjects

Magaji v. Matari (2000) NLC-1361994(SC)

Constitutional Law Supreme Court

The jurisdiction of the Sharia Court of Appeal is Constitutional and circumscribed as prescribed in the Constitution; it seems unambiguous on a fair construction that the…

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CONSTITUTIONAL LAW – Judicial Powers – Sharia Court of Appeal – Land Dispute – Whether Within Jurisdiction

Magaji v. Matari (2000) NLC-1361994(SC)

Constitutional Law Supreme Court

The claim of the plaintiff is not one based on inheritance; a claim of inheritance presupposes that the parties are claiming from a common owner; this…

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CONSTITUTIONAL LAW – Judicial Powers – Sharia Court of Appeal – Constitutional Limitation – Effect of Decree No. 26 of 1986

Magaji v. Matari (2000) NLC-1361994(SC)

Constitutional Law Supreme Court

The Constitutional Amendment failed to enhance the jurisdiction of the Sharia Court of Appeal because it left the original jurisdiction of the Court intact; thus, even…

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CONTRACT LAW – Breach of Contract – Right to Rescind – Whether Serious Breach Justifies Rescission de futuro

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Contract Law Supreme Court

Where one party has committed a serious breach of contract the innocent party has a right to rescind the contract; it has been said that the…

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CONTRACT LAW – Breach of Contract – Rescission for Breach – Restitutionary Remedies Available – Total Failure of Consideration

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Contract Law Supreme Court

The law recognises the restitutionary remedies of an innocent party who has opted to rescind de futuro a contract by reason of the serious breach of…

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CIVIL PROCEDURE – Remedies – Declaratory Reliefs – Nature of – Whether Claim for Declaration Is Independent Cause of Action

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Civil Procedure Supreme Court

A claim for a declaration is itself a cause of action created by the rules of court; declaratory judgments are not to be regarded as auxiliary…

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CIVIL PROCEDURE – Remedies – Declaratory Reliefs – Jurisdiction to Grant – Not Confined to Cases Where Plaintiff Has Complete Cause of Action

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Civil Procedure Supreme Court

The jurisdiction of the court to make a declaration is not confined to cases where a plaintiff has a complete and subsisting cause of action but…

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CIVIL PROCEDURE – Pleadings – Striking Out Pleadings – Disclosure of Reasonable Cause of Action

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Civil Procedure Supreme Court

A reasonable cause of action means a cause of action which (when only the allegations in the statement of claim are considered) has some chance of…

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