Legal Principles – Nigerian LawCompass

Company Law Important

COMPANY LAW – Company Meetings – Minutes – Minutes Not Exclusive Evidence of Resolutions

"Nothing in section 138 [of the Companies Act, 1968] makes the minutes of resolution of a company exclusive evidence. It only makes the minutes admissible evidence of the proceedings. Parol...

Civil Procedure Important

CIVIL PROCEDURE – Non-suit – When Appropriate – Weakness of Defence Fortifying Plaintiff’s Case

"In civil cases the trial court gives judgment to the plaintiff on balance of probabilities, and in some instances the weakness of defendant's case can fortify the plaintiffs' case... The...

Civil Procedure Important

CIVIL PROCEDURE – Pleadings – Issues for Determination – Effect of Unpleaded Issues

"Parties are bound by their pleadings, because the pleadings form their battleground. Whatever is not pleaded is not an issue and any skirmishes on unpleaded issue is a mere waste...

Professional Ethics Important

PROFESSIONAL ETHICS – Counsel’s Authority – Scope of Authority to Bind Client

"Counsel therefore being ordinarily retained to conduct a cause without any limitation, the apparent authority with which he is clothed when he appears to conduct the cause is to do...

Evidence Law Important

EVIDENCE LAW-Fraudulent Misrepresentation – Definition of Fraud

"Fraud does not here mean deceit or circumvention; it means an unconscientious use of the power arising out of these circumstances and conditions; and when the relative position of the...

Evidence Law Important

EVIDENCE LAW – Fraudulent Misrepresentation – Essential Ingredients

"First, the representation must be a statement of existing fact. Secondly, the representation must be material and unambiguous. Thirdly, the representee must show that he has acted in reliance on...

Contract Law Important

CONTRACT LAW – Misrepresentation – Representee’s Erroneous Interpretation

"Even if a statement is true in the sense in which the representor meant it but is so obscure that the representee understands it in another sense, in which it...

Civil Procedure Important

CIVIL PROCEDURE – Consent Judgment – Setting Aside – Grounds for Setting Aside Consent Judgment

"A consent judgment will be set aside on any ground which may invalidate an agreement on which it is founded would be rescinded. When therefore, a consent judgment is sought...

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings – Interference by Supreme Court

"This court will not lightly interfere with concurrent findings of fact made by the trial court and the Court of Appeal, unless such findings are perverse and utterly unreasonable."

Evidence Law Important

EVIDENCE LAW – Corroboration – Statements Made to Police in Course of Investigation – Use of Such Statements

"Exhibits A, B and C which were mere statements by PW1 to the Police in the course of investigation, cannot in law, corroborate the oral evidence of PW1. I believe...

Evidence Law Important

EVIDENCE LAW – Confessional Statements – Sufficiency of Confession to Warrant Conviction

"A voluntary confession of guilt by a prisoner is sufficient to warrant conviction without corroborative evidence if it is direct, positive, duly made and satisfactorily proved. It is however desirable...

Evidence Law Important

EVIDENCE LAW – Confessional Statements – Retracted Confession – Duty of Accused Person Seeking to Impeach Confessional Statement

"An accused person who wants to resile from or retract his earlier confessional statement which he made extra-judiciously to the police, such a statement is not rendered inadmissible by the...