Principles – Page 98 – Nigerian LawCompass

5785 Principles 53 Areas of Law 26 Years Covered

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EVIDENCE LAW — Burden of Proof — Onus Never Shifts to Defendant in Declaration of Title Claim — Unless Defendant Counter-Claims

Iroagbara v. Ufomadu (2009) NLC-123-128-2002(SC)

Evidence Law Supreme Court

The law is trite that the onus of proof is on the plaintiff throughout in an action of this nature; it never shifts except in a…

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LAND LAW — Inheritance of Land — Pleadings Required to Prove Inheritance — Must Aver Facts of Founding, Original Acts of Possession, and Devolution of Title

Iroagbara v. Ufomadu (2009) NLC-123-128-2002(SC)

Land Law Supreme Court

The law is sacrosanct that where title to land is said to have been derived by grant or inheritance, the pleadings must aver facts relating to…

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LAND LAW — Title to Land — Burden of Proof on Plaintiff Claiming Declaration of Title — Plaintiff Must Succeed on Strength of Own Case

Iroagbara v. Ufomadu (2009) NLC-123-128-2002(SC) a

Land Law Supreme Court

The rule is that the burden of proof rests on the party (whether plaintiff or defendant), who substantially asserts the affirmative of the issue... if a…

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CONTRACT LAW — Privity of Contract — Stranger Cannot Sue

Basinco Motors Limited v. Woermann-Line (2009) NLC-123-24-2003(SC)

Contract Law Supreme Court

The doctrine of privity of contract portrays that as a general rule, a contract affects the parties thereto and cannot be enforced by or against a…

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CIVIL PROCEDURE — Jurisdiction — Locus Standi as Threshold Issue

Basinco Motors Limited v. Woermann-Line (2009) NLC-123-24-2003(SC)

Civil Procedure Supreme Court

Locus standi in my view is a fore runner or precursor to jurisdiction. Accordingly, where it is proved that a plaintiff lacks locus standi to bring…

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CONSTITUTIONAL LAW — Fair Hearing — Consideration of Reply Brief — Non-Consideration Not Breach Where Brief Does Not Meet Rule Requirements

Basinco Motors Limited v. Woermann-Line (2009) NLC-123-24-2003(SC)

Constitutional Law Supreme Court

The above constitutional provision does not impose upon a court the duty to deal with the same arguments over and over, and allow unnecessary repetitions to…

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MARITIME LAW — Bills of Lading — Statutory Right of Suit

Basinco Motors Limited v. Woermann-Line (2009) NLC-123-24-2003(SC)

Maritime Law Supreme Court

Every consignee of goods named in a bill of lading, and every endorsee of a bill to whom the property in the goods therein mention shall…

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MARITIME LAW — Bills of Lading — Section 375(1) of the Merchant Shipping Act — Interpretation

Basinco Motors Limited v. Woermann-Line (2009) NLC-123-24-2003(SC)

Maritime Law Supreme Court

It is now settled by a plethora of cases that by virtue of section 375(1) of the Merchant Shipping Act 1990 only a consignee of the…

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MARITIME LAW — Bills of Lading — Locus Standi — Notify Party Cannot Sue

Basinco Motors Limited v. Woermann-Line (2009) NLC-123-24-2003(SC)

Maritime Law Supreme Court

The locus standi to sue on a bill of lading, either in contract, bailment, or tort is statutory. It cannot be conferred by the alleged acts…

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APPELLATE PRACTICE — Interlocutory Decision — Striking Out — When Order Is Interlocutory

Alor & Anor v. Ngene & Ors (2007) NLC-123-21-2002(SC)

Appellate Practice Supreme Court

Where a suit is struck out, the plaintiff, in most cases, has another opportunity to commence the action after curing the deficiency, which resulted in the…

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APPELLATE PRACTICE — Interlocutory Decision — Striking Out — Effect Where Suit May Be Relisted

Alor & Anor v. Ngene & Ors (2007) NLC-123-21-2002(SC)

Appellate Practice Supreme Court

A final order envisages that it is a permanent order made by the court and the parties in respect of whom or against whom the order…

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APPELLATE PRACTICE — Interlocutory Decision — Striking Out — Effect of Right to Relist

Alor & Anor v. Ngene & Ors (2007) NLC-123-21-2002(SC)

Appellate Practice Supreme Court

So long as there exists the option to relist the case for hearing in the same court the order striking out the suit is interlocutory. It…

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