Principles – Page 71 – Nigerian LawCompass

5764 Principles 53 Areas of Law 26 Years Covered

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EVIDENCE LAW — Burden of Proof — Onus on Party Asserting Fact — Failure to Discharge Onus Results in Dismissal of Claim

Olodo & Ors v. Josiah & Ors (2010) NLC-123-2-2003(SC)

Evidence Law Supreme Court

It is incumbent on a party who asserts the existence of a fact to prove same... Since the appellants failed to discharge the onus of proof…

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CUSTOMARY LAW — Land Tenure — Communal Ownership — Presumption Against Individual Ownership

Olodo & Ors v. Josiah & Ors (2010) NLC-123-2-2003(SC)

Customary Law Supreme Court

The notion of individual ownership is quite foreign to native ideas. Land belongs to the community, the village or the family, never to the individual.

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CUSTOMARY LAW — Land Tenure — Burden of Proof — Party Asserting Exclusive Ownership of Family Land Must Prove Partition

Olodo & Ors v. Josiah & Ors (2010) NLC-123-2-2003(SC)

Customs Law Supreme Court

The burden is on the individual as the person so alleging exclusive ownership of the land to prove his specific or absolute title as the case…

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APPELLATE PRACTICE — Interference with Findings of Fact — When Appellate Court Will Interfere with Findings of Trial Court

Olodo & Ors v. Josiah & Ors (2010) NLC-123-2-2003(SC)

Appellate Practice Supreme Court

An appellate court will not interfere with findings of fact except where wrongly applied to the circumstance of the case or conclusion reached was perverse or…

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EVIDENCE LAW — Definition of Trade Dispute — Ingredients — Dispute between employers and workers or workers and workers connected with employment or terms of employment

National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC)

Evidence Law Supreme Court

From the wordings of section 47, it is clear that the following ingredients are not only necessary but inevitable: (a) there must be a dispute; (b)…

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CONSTITUTIONAL LAW — Jurisdiction of State High Court — Section 272 of 1999 Constitution — Jurisdiction can only be curtailed by the Constitution itself, not by an Act of the National Assembly

National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC)

Constitutional Law Supreme Court

It is trite law that the jurisdiction of the State High Court as conferred by the Constitution can only be curtailed or abridged or even eroded…

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CONSTITUTIONAL LAW — Fundamental Rights — Section 40 — Right to peaceful assembly and association not absolute but subject to Section 45

National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC)

Constitutional Law Supreme Court

That is to say, the defendants/appellants' rights under Section 40 amongst other fundamental rights under the 1999 Constitution are not absolute. They have to be exercised…

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CIVIL PROCEDURE — Jurisdiction — Trade Disputes — Exclusive jurisdiction of National Industrial Court not engaged where no employer-employee relationship exists

National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC)

Civil Procedure Supreme Court

In my view compliance with the provisions of Section 47 (supra) is indispensable not only to making an industrial action qualify as a Trade dispute but…

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CIVIL PROCEDURE — Jurisdiction — Federal High Court — Subject matter and parties both relevant in determining jurisdiction under Section 251 of 1999 Constitution

National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC)

Civil Procedure Supreme Court

In construing Section 230(11) of the 1979 Constitution as amended, two important matters arise. They are the parties in the litigation as well as the subject…

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CIVIL PROCEDURE — Consolidation of Suits — Nature of Discretionary Power — When Granted

Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC)

Civil Procedure Supreme Court

Consolidation of suits is granted if a trial judge is satisfied that the issues in the suits can be resolved in one joint proceeding rather than…

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APPELLATE PRACTICE — Preliminary Objection — Notice in Respondent’s Brief — Validity of Procedure

Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC)

Appellate Practice Supreme Court

There is nothing wrong in the procedure where a respondent raises a preliminary objection to the appeal in their brief of argument, as the essence of…

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APPELLATE PRACTICE — Leave to Appeal — Grounds of Mixed Law and Fact — Requirement for Leave

Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC)

Appellate Practice Supreme Court

Grounds of appeal that are of facts or mixed law and fact require the leave of either the Court of Appeal or the Supreme Court before…

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