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...

Land Law Important

LAND LAW — Proof of Title — Five Methods of Proving Ownership of Land

"It is settled law that there are five ways in which ownership of land may be proved as follows — (a) by traditional evidence; (b) by production of documents of...

Evidence Law Important

EVIDENCE LAW — Traditional Evidence — Essential Pleading Requirements for Traditional History

"A party who seeks title to land and relied on traditional history must, to succeed, plead and prove facts as to: (a) who founded the land; (b) how the land...

Evidence Law Important

EVIDENCE LAW — Traditional Evidence — Distinction Between Traditional Evidence and Evidence of Contemporary Events

"Traditional evidence is evidence beyond living memory. […] It is not every story which touches on the land in dispute that can be categorized as traditional evidence. The story about...

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Legal Consequence of Conceding Ownership to Opponent in Land Dispute

"A party who acknowledges the title of his opponent to a parcel of land must prove how that opponent has been divested of title wholly or partially of the ownership...

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Effect of Misplacing Burden of Proof

"To place the burden of proof wrongly on a party will usually lead to a miscarriage of justice."

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Burden on Plaintiff Claiming Co-Ownership of Land with Defendant

"In the instant case, though not family land, the plaintiffs who are claiming to own communally with the defendants the land in dispute which land they acknowledge to be in...

Education Law Important

EDUCATION LAW — University Discipline — Suspension as Administrative Act for Good Governance

"This was an administrative act intended to ensure good and stable administration of the institution and which he was empowered to do. In the Garba v. University of Maiduguri case...

Education Law Important

EDUCATION LAW — University Discipline — Power of University to Suspend Student Pending Investigation

"In the instant case the University of Calabar only set in motion machinery for dealing with the supposed misconduct of the appellant whereby he was merely suspended. It seems the...

Education Law Important

EDUCATION LAW — University Autonomy — Court’s Reluctance to Interfere in University Examination Matters

"A court of law which dabbles or flirts into the arena of University examinations, a most important and sensitive aspect of University function should remind itself that it has encroached...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Suspension Pending Investigation Does Not Violate Fair Hearing

"The aim of suspending the student is to abort any likelihood of the threatened disturbing atmosphere snow balling into an uncontrollable situation. The University envisaged that they would set up...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Garba v. University of Maiduguri Distinguished on Expulsion Versus Suspension

"The celebrated case of Garba v. University of Maiduguri (Supra) is not intended to be a court-given licence and judicial umbrella to provide Students of unbridled, recalcitrant and impetuous behaviour...