Principles – Page 94 – Nigerian LawCompass

5785 Principles 53 Areas of Law 26 Years Covered

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EVIDENCE LAW — Burden of Proof — Fundamental Rights Enforcement — Burden on Applicant to Prove Infringement

Fajemirokun v. Commercial Bank Nig. Ltd. & Anor (2009) NLC-123-336-2002(SC)

Evidence Law Supreme Court

It is trite law that he who asserts must prove. ... It would thus amount to re-writing the law, if, as learned counsel for the appellant…

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CONSTITUTIONAL LAW — Right to Fair Hearing — Party Appearing as Both Party and Counsel

Abdullahi v. The Military Administrator (2009) NLC-123-146-2003(SC)

Constitutional Law Supreme Court

A person, cannot appear both as a person or party and as counsel for himself.

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APPELLATE PRACTICE — Party Appearing in Person — Right of Appellant to Conduct Own Appeal

Abdullahi v. The Military Administrator (2009) NLC-123-146-2003(SC)

Appellate Practice Supreme Court

Every Appellant, be he a barrister or solicitor or an ordinary member of the public, has a right to argue his case either at first instance…

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APPELLATE PRACTICE — Concurrent Findings of Fact — Interference by Supreme Court — Principle of Non-Interference

Abdullahi v. The Military Administrator (2009) NLC-123-146-2003(SC)

Appellate Practice Supreme Court

There are the concurrent findings of fact and holdings by the two lower courts unfavourable to the Appellant. This Court in such circumstances, does not disturb…

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PENSION LAW — Compulsory Retirement — Statutory Provision — Section 9(2) of Pensions and Gratuities Law

Abdullahi v. The Military Administrator (2009) NLC-123-146-2003(SC)

Pension Law Supreme Court

The subsection clearly stops or prohibits any possible fortunes of the appellant in this appeal. Although the subsection does not specifically provide for the alternative thirty…

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PENSION LAW — Retirement of Public Officers — Pensions Act Cap. 346 — Applicability to State Civil Servants

Abdullahi v. The Military Administrator (2009) NLC-123-146-2003(SC)

Pension Law Supreme Court

The Pensions' Act in its introductory part reads thus: 'An Act to consolidate all enactments dealing with pensions, war pensions and disability benefits for civilian employees…

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ADMINISTRATIVE LAW — Public Service Retirement — Power to Retire Civil Servants — Applicable Law for State Civil Servants

Abdullahi v. The Military Administrator (2009) NLC-123-146-2003(SC)

Administrative Law Supreme Court

The applicable law to the appellant's case is the Pensions and Gratuities Law (Cap) 111 of the Laws of Kaduna State 1991. Section 9 thereof reads:…

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CUSTOMARY COURTS — Interpretation of Proceedings — Greater Latitude Required

Ogundele & Anor v. Agiri (2009) NLC-123-134-2004(SC)

COURT Supreme Court

In order to appreciate the real effect of the lower courts strong criticism of the statement of the customary court … it is important to stress…

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EVIDENCE LAW — Documentary Evidence — Public Documents — Certified Public Documents Speak for Themselves

Ogundele & Anor v. Agiri (2009) NLC-123-134-2004(SC)

Evidence Law Supreme Court

Documents when tendered and admitted in court are like words uttered and do speak for themselves. They are more reliable and authentic than words from the…

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APPELLATE PRACTICE — Suo Motu Decision — Raising Issues Not Pleaded — Duty to Hear Parties

Ogundele & Anor v. Agiri (2009) NLC-123-134-2004(SC)

Appellate Practice Supreme Court

It has been stated and restated by this Court in a legion of decided authorities, that a court should and ought not to raise suo motu,…

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CIVIL PROCEDURE — Fraud — Proof of Fraud — Concealment of Material Proceedings as Fraud

Ogundele & Anor v. Agiri (2009) NLC-123-134-2004(SC)

Civil Procedure Supreme Court

It is therefore not in doubt that the final judgment as to the extent of the land of each of the parties was given on the…

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CIVIL PROCEDURE — Damages — Breach of Contract — Double Compensation Prohibited

Arisons Trading & Engineering Company Ltd v. The Military Governor of Ogun State & Ors (2009) NLC-123-209-1999(SC)

Civil Procedure Supreme Court

In such a claim, the court must be careful, not to compensate a party twice for the same wrong. By the law against double compensation, a…

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