Legal Principles – Nigerian LawCompass

Interpretation of Statutes Important

STATUTORY INTERPRETATION — Use of Proviso — Proviso Cannot Enlarge or Contract Scope of Clear Enactment

"I decline to read into any enactment words which are not to be found there, and which would alter its operative effect because of provisions to be found in any...

Interpretation of Statutes Important

STATUTORY INTERPRETATION — Retrospective Operation — Presumption Against Retrospective Effect Absent Clear Legislative Intention

"It is a well established principle of interpretation of statutes that where the provision of any law ousts the jurisdiction of court on any matter such a provision shall be...

Equity and Trusts Important

EQUITY AND TRUSTS — Trustee and Beneficiary — Distinction Between Legal Title and Beneficial Interest in Bank Shares

"I think that if as a result of the plaintiffs' claims, the defendant is successfully pronounced to be a trustee of any of the shares thereof, he the defendant will...

Equity and Trusts Important

EQUITY AND TRUSTS — Constructive Trusts — Nature and Imposition by Equity on Ground of Conscience

"We must not forget that a constructive trust, as in this case, is imposed by equity on the ground of conscience and it is not based on the prior or...

Constitutional Law Important

CONSTITUTIONAL LAW — Fundamental Rights — Right to Property and Protection Against Compulsory Acquisition Without Compensation

"Statutes which encroach on the rights of the subject, whether as regards person or property, are subject to a strict construction in the same way as Penal Acts. It is...

Chieftaincy Law Important

CHIEFTAINCY LAW – Deposition and Removal – Governor’s Exclusive Statutory Authority to Depose Traditional Ruler

"The power, under the law, to suspend or depose a traditional ruler rests with the Governor of the State... Section 10 deals with the power of the governor... to 'suspend...

Civil Procedure Important

CIVIL PROCEDURE – Trespass to Land – Burden of Proof Where Title Is in Issue

"A claim for damages and injunction against further trespass postulates that the plaintiffs are either the owner of the land in dispute or in exclusive possession of the said land....

Civil Procedure Important

CIVIL PROCEDURE – Injunctions – Legal Right Requirement

"It is a fundamental rule of law that the court will grant an injunction only to support or protect a legal right. If the applicant has no legal right recognised...

Evidence Law Important

EVIDENCE LAW – Proof of Title to Land – Resolution of Conflicting Traditional Histories

"Where there are two competing histories relating to land in dispute `and it is difficult to determine which is more probable, resort to the demeanour of the parties and their...

Appellate Practice Important

APPELLATE PRACTICE – Remittal of Case – Circumstances for Making Order for Retrial

"An order for retrial is ordered inter alia where a trial Judge fails to take advantage of his seeing and hearing the witnesses, notwithstanding that the record showed there to...

Appellate Practice Important

APPELLATE PRACTICE – Interference with Findings of Fact – Duty of Appellate Court Regarding Findings of Credibility by Trial Court

"Where a trial court has made improper use of the opportunity of seeing and hearing the witnesses i.e., where the finding of the lower court is not supported by the...

Civil Procedure Important

CIVIL PROCEDURE – Joinder of Parties – Purpose of Joinder

"The purpose of joining a particular person as a party is to ensure that that person is bound by the result of the action. That is the only way in...