Legal Principles – Nigerian LawCompass

Civil Procedure Important

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."

Succession Law Important

SUCCESSION LAW – Letters of Administration – Purpose of Originating Summons for Grant of Administration – Determination of Beneficial Entitlement Not Required

"The purpose of the summons was not to determine who was the widow or who were entitled as beneficiaries to a share in the estate. Unfortunately the whole energy appear...

Maritime Law Important

MARITIME LAW – Action in Rem – Beneficial Ownership – Determination of

"From the totality of the foregoing, particularly, from the admission of the Captain of the vessel himself and the exposition of Turkish Law, it becomes abundantly clear the Koray A....

Maritime Law Important

MARITIME LAW – Admiralty Jurisdiction – Cause of Action – Claim for Security as Substantive Relief

"A claim presupposes a cause of action. What is plaintiff's cause of action in the present proceedings? Is security for damages, interest and/or costs that may be awarded in a...

Civil Procedure Important

CIVIL PROCEDURE – Cause of Action – Relationship to Civil Rights

"A cause of action is the question as to the civil rights and obligation of the plaintiff founding the action to be determined by the court in favour of one...

Civil Procedure Important

CIVIL PROCEDURE – Cause of Action – Definition

"A cause of action is defined in 'Stroud's Judicial Dictionary' as the entire set of circumstances giving rise to an enforceable claim. To our mind, it is, in effect, the...

Contract Law Important

CONTRACT LAW — Breach of Contract — Accrual of Cause of Action — Time of Breach

"In actions for breach of contract, the cause of action accrues for the Plaintiff's benefit from the time the breach is committed and not when the damage is suffered. Thus...

Civil Procedure Important

CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Distinction from Cause of Action Estoppel

"Having found and correctly... that on the pleadings of the parties in S/23/74 'the parties certainly joined issues on whether Ogodo signed the lease Exhibit D as his own or...

Civil Procedure Important

CIVIL PROCEDURE – Remedies – Declaratory Reliefs – Nature of – Whether Claim for Declaration Is Independent Cause of Action

"A claim for a declaration is itself a cause of action created by the rules of court. Declaratory judgments are not to be regarded as auxiliary or consequential. For a...

Civil Procedure Important

CIVIL PROCEDURE – Remedies – Declaratory Reliefs – Jurisdiction to Grant – Not Confined to Cases Where Plaintiff Has Complete Cause of Action

"The jurisdiction of the court to make a declaration is not confined to cases where a plaintiff has a complete and subsisting cause of action but may also be employed...

Civil Procedure Important

CIVIL PROCEDURE – Cause of Action – Definition of “Cause of Action”

"The words 'cause of action' mean simply a factual situation the existence of which entitles one person to obtain a remedy against another person. It denotes every fact (though not...

Civil Procedure Important

CIVIL PROCEDURE – Pleadings – Striking Out Pleadings – Disclosure of Reasonable Cause of Action – Test to Be Applied

"A reasonable cause of action with some reasonable chance of success when only the allegations in the pleading statement of claim are considered. So long as the statement of claim...