Legal Principles – Nigerian LawCompass

Civil Procedure Important

CIVIL PROCEDURE — Counter-Claim — Amendment — Amendment to Introduce Fresh Cause of Action Arising After Commencement of Suit

"To bring in such a fresh cause of action, does not, viewed from any angle, constitute an amendment. It means what it is, that is, starting a new cause of...

Civil Procedure Important

CIVIL PROCEDURE — Cause of Action — Accrual of Cause of Action — Date of Occurrence Complained Of

"It is obvious to me that the cause of action in this case arose in October 1983 when the 1st defendant was appointed the Obasinkin. The plaintiff instituted this action...

Labour Law Important

LABOUR LAW — Termination of Employment — Civil Servant’s Cause of Action — No Valid Action Where Termination Complies with Civil Service Rules

"Where an appointment of a civil servant is terminated in accordance with the Civil Service Rules, the civil servant has no valid cause of action against the terminating authority or...

Evidence Law Important

EVIDENCE LAW — Defamation — Libel — Trading Corporation — Right of Action

"A trading corporation or company, naturally, has a trading character, the defamation of which may adversely affect and may, indeed ruin it. Accordingly, a corporation or company may maintain an...

Maritime Law Important

MARITIME LAW – Limitation of Actions – Exemption for Causes of Action Enforceable in rem

"Sub-section (3) exempts a cause of action within the Admiralty jurisdiction which is enforceable in rem from the provisions of sub-section (1) of section 7 of the Act. And as...

Maritime Law Important

MARITIME LAW – Claim for Disbursements – Cause of Action Enforceable in rem

"By section 1(1)(p) of the said Act, the admiralty jurisdiction of the High Court includes jurisdiction to hear and determine any claim by a shipper, charterer or agent in respect...

Jurisdiction Important

JURISDICTION — Jurisdiction of Court — Determined by Law at Time Cause of Action Arose

"The jurisdiction of a court is determined by the existing law at the time the cause of action in dispute arose, and not by the existing law at the time...

Civil Procedure Important

CIVIL PROCEDURE — Representative Actions — Survival of Action — Death of Named Plaintiff in Representative Capacity Does Not Terminate Proceedings

"When an action is instituted in a representative capacity and or against persons in representative capacity that action is not only by or against the named parties. They are also...

Limitation Law Important

CIVIL PROCEDURE — Counter-Claim — Amendment — Amendment to Introduce Fresh Cause of Action Arising After Commencement of Suit

CIVIL PROCEDURE — Cause of Action — Accrual of Cause of Action — Date of Occurrence Complained Of

LABOUR LAW — Termination of Employment — Civil Servant’s Cause of Action — No Valid Action Where Termination Complies with Civil Service Rules

EVIDENCE LAW — Defamation — Libel — Trading Corporation — Right of Action

MARITIME LAW – Limitation of Actions – Exemption for Causes of Action Enforceable in rem

MARITIME LAW – Claim for Disbursements – Cause of Action Enforceable in rem

JURISDICTION — Jurisdiction of Court — Determined by Law at Time Cause of Action Arose

CIVIL PROCEDURE — Representative Actions — Survival of Action — Death of Named Plaintiff in Representative Capacity Does Not Terminate Proceedings

LIMITATION LAW — Limitation of Actions — Cause of Action — Definition — Material Facts Required

LIMITATION LAW — Limitation of Actions — Cause of Action — Date of Accrual — Determination

TORT LAW – Detinue – Cause of Action – Facts Required to Support Claim for Return of Document

TORT LAW – Detinue – Cause of Action – Facts Supporting Relief for Return of Pawned Chattel by True Owner Against Pawnee