Legal Principles – Nigerian LawCompass

General Important

PRACTICE AND PROCEDURE – Brief Writing – Argument to Be Based on Issues, Not Grounds of Appeal

"[A]rguments are to be canvassed on the basis of issues formulated and not on grounds of appeal, for while a resolution of an issue which is a question in dispute...

Equity and Trusts Important

EQUITY – Delay and Laches – Promptitude Required for Equitable Relief of Rescission

"In claims ... for rescission of contracts, the special relief in equity is only given on condition that the plaintiff comes with great promptitude ... Any substantial delay after the...

Customary Law Important

CUSTOMARY LAW – Alienation of Family Land – Validity of Sale by Head of Family with Majority Consent

"A sale of family land which the head of the family carries out as such head of family, whether with or without some principal members of the family is only...

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings of Fact – When Supreme Court Will Interfere

"This court will not depart from the rule it has laid down that it will not overrule the decision of the court below on a question of fact in which...

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings of Fact – Attitude of Supreme Court

"It has since been trite that this court will not interfere with the concurrent findings of fact made by the courts below."

Appellate Practice Important

APPELLATE PRACTICE – Brief Writing – Argument Must Be Based on Issues Formulated

"A party must advance his argument in brief on the issues formulated therein and not on the grounds of appeal. In essence, the brief is the concise but condensed argument...

Evidence Law Important

EVIDENCE LAW – Proof in Criminal Cases – Sufficiency of a Single Witness

"A single witness, if believed by the court, can establish a criminal case even if it is a murder charge."

Evidence Law Important

EVIDENCE LAW – Witnesses – Meaning of a Tainted Witness

"A tainted witness is one who is either an accomplice or, by the evidence he gives (whether as a witness for the prosecution or defence), may and could be regarded...

Criminal Law Important

CRIMINAL LAW – Confessional Statements – Conviction on Confession Alone

"In Nigeria, a free and voluntary confession of guilt by a prisoner, whether under examination before a magistrate or otherwise, if it is direct and positive and is duly made...

Criminal Law Important

CRIMINAL PROCEDURE – Confessional Statements – When to Object to Voluntariness at Trial

"The practice in trial courts has been for an accused person who denies the voluntariness of his extra-judicial statement made to the police, to object to the statement when the...

Criminal Law Important

CRIMINAL LAW – Proof of Cause of Death – Medical Evidence Not Inevitably Essential

"Medical evidence of the cause of death and the identification of the body to the P.W.1 who performed the authopsy are not essential. There were facts which sufficiently showed the...

General Important

PRACTICE AND PROCEDURE – Bias and Disqualification of Judges – Circumstances Precluding a Judge from Sitting

"When is a judge precluded from hearing a case? The answer to this is simple: It is when he has personal interest when he would seem to be a judge...