"In civil cases the trial court gives judgment to the plaintiff on balance of probabilities, and in some instances the weakness of defendant's case can fortify the plaintiffs' case... The...
Explore NLC Curated Legal Principles
"Parties are bound by their pleadings, because the pleadings form their battleground. Whatever is not pleaded is not an issue and any skirmishes on unpleaded issue is a mere waste...
"A consent judgment will be set aside on any ground which may invalidate an agreement on which it is founded would be rescinded. When therefore, a consent judgment is sought...
"The Court of Appeal referred to our decision in Ukpe Ibodo v. Enarofia where we refused to visit the sins of the counsel upon the client for some procedural neglect....
"The appellant was perfectly justified in discussing this issue in paragraph 9.0 at p. 16 of his brief. This objection is therefore overruled."
"An appellate court ought not to upset the award of damages by a trial court merely because if it had tried the matter it would have awarded a lesser amount....
"The consequence of a consent judgment is that it cannot and does not bind a person who is not a party to it either directly or by representation."
"A discontinuance, in my view, brings the action or that part of the action as is discontinued to an end against the defendants or such of them against whom the...
CIVIL PROCEDURE – Abuse of Process – Subsequent Action on Different Cause of Action Not an Abuse
"The learned trial Judge was right when he held that the causes of action were dissimilar. The present action cannot, therefore, constitute an abuse of the process of court."
"The action seeking in this court for a relief already before another court in a pending action between the parties is without doubt an abuse of the Judicial process. Plaintiff...
"This is an action for conversion in tort between same parties. The State High Court has unlimited jurisdiction to try it by virtue of Section 236(1) of the 1979 Constitution....
"The law is sufficiently settled that in determining whether the plaintiff's (respondent's) action discloses any cause of action or the nature thereof, the court will necessarily restrict itself to the...