Legal Principles – Nigerian LawCompass

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Unless Findings Perverse or Occasion Miscarriage of Justice

"This court will not in principle interfere with concurrent findings of fact unless special reasons justify such interference. That is where there is a miscarriage of justice arising from a...

Appellate Practice Important

APPELLATE PRACTICE — Rules of Court — Compliance — Rules Not Made for Fun

"It is elementary law that rules of court must be obeyed or complied with, as they are not made for fun. Rules of court are meant to be complied with...

Appellate Practice Important

APPELLATE PRACTICE — Unappealed Findings — Conclusive and Binding Effect

"It is trite law that a finding against which there is no appeal remains binding and conclusive: see Alakija v. Abdulahi (1998) 6 NWLR (Pt. 552) 1 at p. 24,...

Appellate Practice Important

APPELLATE PRACTICE — Misdirection — When Misdirection Will Lead to Allowance of Appeal

"I accept it as a correct statement of the law that it is not in all cases that a misdirection leads to allowing of an appeal. A misdirection which does...

Appellate Practice Important

APPELLATE PRACTICE — Issues for Determination — Duty of Court to Consider All Issues — Exception Where Issues Are Subsumed

"The case of Obi Nwanze Okonji and 4 Ors. v. George Njokanma and 2 Ors. (1991) 7 NWLR (Pt. 202) 131 and 146 is authority for the view that when...

Appellate Practice Important

APPELLATE PRACTICE — Grounds of Appeal — Validity of Ground Alleging Both Misdirection and Error in Law — Test of Preciseness and Clarity

"In my opinion, what is important in a ground of appeal, and the test the court should apply, is whether or not the impugned ground shows clearly what is complained...

Appellate Practice Important

APPELLATE PRACTICE — Academic Questions — Courts Will Not Entertain Hypothetical or Academic Matters

"Courts of law are not established to deal with hypothetical and academic questions, rather, they are established to deal with matters in difference between the parties: see National Insurance Corporation...

Appellate Practice Important

APPELLATE PRACTICE — Raising Points Suo Motu — Court Must Afford Parties Opportunity to Be Heard

"This court has said on a number of occasions that although an appeal court is entitled, in its discretion, to take points suo motu if it sees fit to do...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Usurp Trial Court’s Function to Make Primary Findings of Fact

"In a matter of this nature, the Supreme Court cannot function outside its normal constitutional role as an appellate court which is to consider whether issues raised in the trial...

Appellate Practice Important

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Unless Findings Perverse or Occasion Miscarriage of Justice

APPELLATE PRACTICE — Rules of Court — Compliance — Rules Not Made for Fun

APPELLATE PRACTICE — Unappealed Findings — Conclusive and Binding Effect

APPELLATE PRACTICE — Misdirection — When Misdirection Will Lead to Allowance of Appeal

APPELLATE PRACTICE — Issues for Determination — Duty of Court to Consider All Issues — Exception Where Issues Are Subsumed

APPELLATE PRACTICE — Grounds of Appeal — Validity of Ground Alleging Both Misdirection and Error in Law — Test of Preciseness and Clarity

APPELLATE PRACTICE — Academic Questions — Courts Will Not Entertain Hypothetical or Academic Matters

APPELLATE PRACTICE — Raising Points Suo Motu — Court Must Afford Parties Opportunity to Be Heard

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Usurp Trial Court’s Function to Make Primary Findings of Fact

APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Absent Special Circumstances

APPELLATE PRACTICE — Concurrent Findings — Burden on Appellant to Show Impropriety

APPELLATE PRACTICE — Record of Appeal — Record Binds the Court