Standard
CONTRACT LAW – Privity – Stranger Cannot Challenge Validity of Deed
Edokpolo & Co. Ltd v. Ohenhen (1994) NLC-1741991(SC)
Only parties to a deed can apply to set it aside on the ground that it is null and void.
5761
Principles
53
Areas of Law
26
Years Covered
Standard
CONSTITUTIONAL LAW – Supreme Court – Finality of Determination
Obioha v. Ibero (1994) NLC-1011993(SC)
Without prejudice to prerogative of mercy powers, no appeal shall lie to any other body or person from any determination of the Supreme Court.
Standard
CIVIL PROCEDURE – Slip Rule – Scope and Limitation
Obioha v. Ibero (1994) NLC-1011993(SC)
The Court shall not review any judgment once given except to correct clerical mistakes or errors arising from accidental slip or omission, or to vary the…
Standard
CIVIL PROCEDURE – Inherent Jurisdiction – Cannot Be Used to Review Final Judgment
Obioha v. Ibero (1994) NLC-1011993(SC)
The inherent powers under Section 6(6) of the Constitution cannot be invoked to reverse a decision already given by the Supreme Court.
Standard
APPELLATE PRACTICE – Finality of Supreme Court Judgment – Jurisdiction to Review
Obioha v. Ibero (1994) NLC-1011993(SC)
Once the Supreme Court has entered judgment in a case, that decision is final and will remain so forever.
Standard
EVIDENCE – Expert Witness – Evaluation of Conflicting Expert Testimony
Elf Nigeria Ltd v. Sillo (1994) NLC-511992(SC)
If in light of other relevant credible evidence the expert's evidence is not or cannot be true, it cannot be said to be uncontradicted and the…
Standard
DAMAGES – Assessment – Basis for Interference on Appeal
Elf Nigeria Ltd v. Sillo (1994) NLC-511992(SC)
Alteration of an award of damages will be made only if the award is shown to be either manifestly too high or manifestly too low or…
Standard
CUSTOMARY LAW / PROPERTY – Fishing Rights in Tidal Waters – Right to Collect Rent for Permanent Settlements
Elf Nigeria Ltd v. Sillo (1994) NLC-511992(SC)
The owner of land which abuts creeks or through which a tidal waterway flows has the right to exact rent from persons who fish in those…
Standard
APPELLATE PRACTICE – Concurrent Findings of Fact – When Supreme Court Will Interfere
Elf Nigeria Ltd v. Sillo (1994) NLC-511992(SC)
The Supreme Court does not interfere with concurrent findings of the lower courts except where exceptional circumstances why it should do so are shown.
Standard
WORDS AND PHRASES – Mesne Profits – Meaning of
Ayinke v. Lawal (1994) NLC-1271989(SC)
Mesne profits are the rents and profits which a tenant who holds over after lawful termination/expiration of tenancy or a trespasser has or might have received…
Standard
LAND LAW – Proof of Title – Registered Conveyance as Prima Facie Evidence of Title
Aliyu v. Sodipo (1994) NLC-1671988(SC)
A duly registered conveyance constitutes prima facie evidence of title and, in the absence of credible contradictory evidence, is sufficient to support an award of title…
Standard
TENANCY – Mesne Profit – How Calculated – Whether Liquidated or Unliquidated – Whether Landlord Not Entitled to Amount in Excess of Amount Payable During Subsisting Tenancy
Ayinke v. Lawal (1994) NLC-1271989(SC)
A plaintiff in an action for loss of use and occupation of premises is not bound to use rent payable during the tenancy as the measure…