Legal Principles – Nigerian LawCompass

Civil Procedure Important

PRACTICE AND PROCEDURE – Reliefs – Court Has No Power to Grant Unclaimed or Excess Reliefs

"It is settled law that a court is without power to award to a party that which he has not claimed or which is more than he has claimed."

Evidence Law Important

EVIDENCE LAW – Burden of Proof – Distinction Between Legal Burden and Evidential Burden

"The phrase, ‘burden of proof’ in civil cases has two distinct and frequently confused meanings… firstly, the burden of proof as a matter of law and the pleadings… and secondly,...

Land Law Important

LAND LAW – Alienation of Family Land – Sale by Head Alone Voidable Unless He Purports to Sell as Beneficial Owner

"Where, however, the head of a family alone sells family land without the consent of the principal members of such family, the sale is not void but prima facie voidable…...

Land Law Important

LAND LAW – Alienation of Family Land – Sale Without Consent of Head and Principal Members Is Void Ab Initio

"A sale of family land by a member of the family without the consent of the head and the principal members of the family is void ab initio."

Appellate Practice Important

APPELLATE PRACTICE – Findings of Fact – Limited Grounds for Appellate Interference

"It is trite law that an appellate court will not ordinarily interfere with the findings of fact made by a trial court except in certain circumstances such as where it...

General Important

TORT LAW – Trespass – Exclusive Possession as Basis of Action Against a Disturber

"It is trite law that trespass is essentially a tort against possession and only a person in possession of a land in dispute at all material times can maintain an...

Tort Law Important

TORT LAW – Trespass and Injunction – Claim Sustainable Independent of Declaration of Title

"It is settled law that a plaintiff can succeed in a claim for damages for trespass and injunction even where his claim for a declaration of title fails."

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings of Fact – Supreme Court Will Not Interfere Unless Findings Are Perverse

"There are concurrent findings of fact by the trial court and the Court of Appeal and this court does not, in practice, disturb such concurrent findings unless they have been...

Criminal Law Important

CRIMINAL LAW – Common Intention – Joint Criminal Liability Under Section 79 of the Penal Code

"When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner...

Criminal Law Important

CRIMINAL LAW – Defence of Alibi – Cogent Prosecution Evidence Fixing Accused at Scene Defeats Alibi

"It is well established principle of law that where an accused person raised the defence of alibi promptly with the necessary particulars of his whereabout, the prosecution has a duty...

Criminal Law Important

CRIMINAL LAW – Identification of Accused Persons – Recognition by Witnesses Who Knew Accused Prior to Incident

"The incident happened in broad day light with no obstruction of the view between the witnesses and their assailants, the appellants inclusive. The question of mistaken identity or non-recognition of...

Criminal Law Important

CRIMINAL LAW – Defence of Accident – Burden on Accused Displaced by Clear Evidence of Intent

"The appellant’s defence of accidental discharge was carefully considered by both courts below and rejected on very clear evidence before the court… there was no doubt whatever from the findings...