Principle Archive – Page 100 – Nigerian LawCompass

5433 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Fair Hearing — Breach of Right to Fair Hearing — Burden of Proof

Gbadamosi v. Dairo & Anor (2007) NLC-123-167-2001(SC)

Appellate Practice Supreme Court

A party alleging a breach of the constitutional right to fair hearing bears the burden of proving that violation clearly from the facts of the case.…

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CIVIL PROCEDURE — Pleadings — Joinder of Issues — Identity of Land — When Identity Becomes an Issue

Gbadamosi v. Dairo & Anor (2007) NLC-123-167-2001(SC)

Civil Procedure Supreme Court

The identity of land becomes an issue for trial only if the defendant, in his statement of defence, specifically disputes the area, location, or features shown…

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CIVIL PROCEDURE — Jurisdiction — Determination of Jurisdiction — Plaintiff’s Claim as Basis

Integrated Timber and Plywood Products Ltd. v. Union Bank Nigeria Plc (2006) NLC-123-342-2001(SC)

Jurisdiction is determined by the plaintiff's claim. It is the claim before the court that must be examined to ascertain whether it comes within the jurisdiction…

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APPELLATE PRACTICE — Leave to Appeal — Interlocutory Decisions Requiring Leave

Union Bank of Nigeria Plc v. Sogunro & Ors (2006) NLC-123-124-2001(SC)

Appellate Practice Supreme Court

An appeal on an interlocutory decision which is not on a ground of law alone is not competent when prior leave was not sought and obtained.

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APPELLATE PRACTICE — Interlocutory Appeals — Grounds of Mixed Law and Fact — Requirement of Prior Leave

Union Bank of Nigeria Plc v. Sogunro & Ors (2006) NLC-123-124-2001(SC)

Appellate Practice Supreme Court

Any ground of fact or mixed law and fact in an interlocutory appeal is incompetent without prior leave of the trial court or the court below.…

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APPELLATE PRACTICE — Competence of Appeal — Effect of Sustained Preliminary Objection

Union Bank of Nigeria Plc v. Sogunro & Ors (2006) NLC-123-124-2001(SC)

Appellate Practice Supreme Court

Where a preliminary objection succeeds, there is no need to consider arguments on other issues. The objection was so fundamental that with the decision of the…

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ADMINISTRATIVE LAW — Tribunals of Inquiry — Quasi-Judicial Functions — Power of Arrest

A.G., Lagos State v. Eko Hotels Limited & Anor (2006) NLC-123-147-2002(SC)

Administrative Law Supreme Court

The power to arrest a person who refuses to attend a tribunal is a judicial venture. Summons to appear as a witness is a known court…

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APPELLATE PRACTICE — Appeal — Affirming Decision on Different Grounds — Correctness of Decision Paramount

Integrated Timber and Plywood Products Ltd. v. Union Bank Nigeria Plc (2006) NLC-123-342-2001(SC)

Appellate Practice Supreme Court

An appellate court bases its decision on the correctness of the decision, not necessarily the reason. An appellate court will not set aside a right and…

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ADMIRALTY LAW — Admiralty Jurisdiction — Banking or Letter of Credit Transaction — Requirement for Involvement of Ship or Aircraft

Integrated Timber and Plywood Products Ltd. v. Union Bank Nigeria Plc (2006) NLC-123-342-2001(SC)

Supreme Court

Section 1(1)(h) of the Decree concerns banking or letter of credit transactions involving importation or exportation of goods. A mere act of confirming the authenticity of…

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CONSTITUTIONAL LAW — Legislative Competence — Exclusive Legislative List — Regulation of Bodies Corporate

A.G., Lagos State v. Eko Hotels Limited & Anor (2006) NLC-123-147-2002(SC)

Constitutional Law Supreme Court

The Governor of Lagos State cannot set up a Tribunal of Inquiry regarding matters in the Exclusive Legislative List, which are reserved for the National Assembly.…

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CONTRACT LAW — Frustration — Contractual Right of Withholding Distinguished from Frustration

Standard (Nig) Engineering Co Ltd & Anor v. Nigerian Bank for Commerce and Industry (2006) NLC-123-252-2001(SC)

Contract Law Supreme Court

The defendant's reliance on clause 35(n) was later described as frustration. The loss of trust between the parties drove the defendant to seek refuge under the…

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CONSTITUTIONAL LAW — Exclusive Legislative List — Item 32 — Meaning of “Regulation”

A.G., Lagos State v. Eko Hotels Limited & Anor (2006) NLC-123-147-2002(SC)

Constitutional Law Supreme Court

"Regulation" generally means official rule or order, and has a synonym in "control." The Companies and Allied Matters Act has comprehensively provided for the floatation of…

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