Principles – Page 456 – Nigerian LawCompass

5761 Principles 53 Areas of Law 26 Years Covered

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TORT LAW – Vicarious Liability – Ownership Raises Presumption of Employment or Agency

Eseigbe v. Agholor (1993)

Tort Law Supreme Court

Where the facts of the relationship between the owner and driver of a vehicle are not fully known, proof of ownership of the vehicle may give…

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PRACTICE AND PROCEDURE – Special Circumstances – When Application May Be Brought First in Appellate Court

First African Trust Bank Ltd v. Ezeghu

Appellate Practice Supreme Court

Where the trial judge's failure to fix motions for hearing makes it impossible or impracticable for applicants to seek reliefs in the trial court, special circumstances…

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PRACTICE AND PROCEDURE – Inherent Jurisdiction – Court May Grant Appropriate Relief Not Expressly Prayed For

First African Trust Bank Ltd v. Ezeghu (1993)

Civil Procedure Supreme Court

While courts should not generally grant relief not claimed by a party, there is nothing wrong in a court, in the exercise of its inherent power,…

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APPELLATE PRACTICE – Jurisdiction of Appellate Court – Court Cannot Decide Pending Issues Through Inherent Powers While Appeal Is Pending

First African Trust Bank Ltd v. Ezeghu (1993)

Appellate Practice Supreme Court

It is not competent for a court before which a motion seeking to invoke its inherent powers is brought to decide the issue still pending before…

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CIVIL PROCEDURE – Extension of Time – Excuses for Delay – Illness and Poverty Are Not Acceptable Excuses

Ajayi v. Omorogbe (1993)

Civil Procedure Supreme Court

Reliance placed on illness and poverty cannot avail appellants as acceptable excuses for delays in prosecution.

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APPELLATE PRACTICE – Want of Diligent Prosecution – Court Considers Totality of Party’s Conduct

Ajayi v. Omorogbe (1993)

Appellate Practice Supreme Court

It is the totality of the conduct of the party in breach of the rules that the court will consider in exercising its discretion; conduct showing…

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APPELLATE PRACTICE – Time for Filing Brief – Time Runs from Notice of Ready Record

Ajayi v. Omorogbe (1993) NLC-2651989(SC)

Appellate Practice Supreme Court

Time for filing appellant's brief starts to run from the date of notice that the record is ready for collection; to hold otherwise would encourage indolence.

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APPELLATE PRACTICE – Dismissal for Want of Prosecution – Inherent Jurisdiction May Be Exercised Where Delay Is Inexcusable

Ajayi v. Omorogbe (1993)

Appellate Practice Supreme Court

The exercise by the court of its inherent jurisdiction to dismiss an action is an answer to risks from trial of actions with inexcusable, inordinate delays;…

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PROPERTY LAW – Declaration of Title to Land – Plaintiff Must Prove Title on the Strength of His Own Case

Ezebilo Abisi & Ors. v. Vincent Ekwealor & Anor (1993)

Land Law Supreme Court

In a claim for declaration of title to land, the onus is on the plaintiff to prove their case by a preponderance of evidence; they cannot…

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APPELLATE PRACTICE – Evaluation of Evidence – Appellate Court Will Not Re-Evaluate Evidence Except for Perversity or Improper Evaluation

Ezebilo Abisi & Ors. v. Vincent Ekwealor & Anor (1993)

Appellate Practice Supreme Court

The primary role of evaluating evidence and ascribing probative value rests with the trial court; an appellate court may only interfere and re-evaluate evidence where the…

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CIVIL PROCEDURE – Pleadings – Estoppel Must Be Specifically Pleaded and Cannot Be Raised Suo Motu

Ezebilo Abisi & Ors. v. Vincent Ekwealor & Anor (1993) NLC-1031990(SC)

Civil Procedure Supreme Court

Any party relying on estoppel must specifically plead it; it is wrong for a court to raise and decide an issue of estoppel, such as estoppel…

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EVIDENCE LAW – Documentary Evidence – Judgment Res Inter Alios Acta Is Inadmissible in Subsequent Proceedings

Ezebilo Abisi & Ors. v. Vincent Ekwealor & Anor (1993)

Evidence Law Supreme Court

A judgment in proceedings to which a party is not a participant (res inter alios acta) is irrelevant as between that party and others in subsequent…

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