"When facts deposed to in an affidavit are unchallenged, the court may accept those facts as true and correct. See Adejumo v. Ayantegbe (1989) 3 NWLR (Pt. 110) 417; Eze...
Explore NLC Curated Legal Principles
"A person is said to have locus standi if he has shown sufficient interest in the action and that his civil rights and obligations have been or are in danger...
"What will constitute a defence on the merit depends on the facts of the case. This is within the discretion of the court of trial which must be exercised judicially...
"The object of the undefended list procedure is to enable a plaintiff whose claim is unarguable in law and where the facts are undisputed and it is inexpedient to allow...
"Undoubtedly, for an action to be properly constituted so as to vest jurisdiction in the court to adjudicate on it, there must be a competent plaintiff and a competent defendant....
"It does seem from the decisions of this court to which I will presently refer to, that the proper procedure in a trial requires that he who alleges as the...
"The proper course would have been to allow the plaintiff to call the whole of his evidence before deciding any of the issues of fact … The party beginning should...
"The true principle I believe, is that, for an appellate court to interfere with the exercise of the discretionary power vested in the courts below, it must be shown how...
"It is settled law that adjournments of cases fixed for hearing are not obtained as a matter of course. They may be granted or refused at the discretion of the...
"A party shall plead specifically any matter for example, performance, release, any relevant statute of limitation, fraud or any fact showing illegality which if not specifically pleaded might take the...
"It is trite law that a court should not and cannot make a case for the parties different from what they set out in their pleadings... It is not open...
"I hold that where a counsel for a party decides to throw in the towel on a reasoning that the case put forward by the party he represents is so...