Principle Archive – Page 109 – Nigerian LawCompass

5465 Principles 53 Areas of Law 26 Years Covered

Standard

CRIMINAL LAW — Murder — Circumstantial Evidence — Sufficiency for Conviction

Udo v. State (2006) NLC-123-83-2005(SC)

Criminal Law Supreme Court

The fact that the appellant had gone to the house to threaten the deceased with death, and later came back brandishing a cutlass and searching the…

Standard

LAND LAW — Trespass — Root of Action — Plaintiff Must Show Better Title Where Defendant Claims Ownership

Amayo v. Erinmwingbovo (2006) NLC-123-323-2001(SC)

Land Law Supreme Court

A claim for trespass is rooted in exclusive possession. Where a defendant claims ownership, title is put in issue, and the plaintiff must show a better…

Standard

APPELLATE PRACTICE — Fresh Evidence — Evidence That Could Have Been Produced at Trial with Reasonable Diligence

United Bank for Africa Plc v. BTL Industries Limited (2005) NLC-123-301-2003(SC)

Appellate Practice Supreme Court

Evidence given by a witness who had once testified in a case does not become more credible just because it was subsequently reduced into writing. It…

Standard

EVIDENCE LAW — Unchallenged Evidence — Duty of Court to Accept

Amayo v. Erinmwingbovo (2006) NLC-123-323-2001(SC)

Evidence Law Supreme Court

Any evidence that is neither attacked nor discredited, and is relevant to the issues joined, ought to be relied upon by a judge.

Standard

LAND LAW — Possessory Title — Proof — Long, Continuous, Uninterrupted Succession

Amayo v. Erinmwingbovo (2006) NLC-123-323-2001(SC)

Land Law Supreme Court

A plaintiff may adopt one or more ways of proving ownership, such as traditional evidence or acts of ownership or possession. One or two methods may…

Standard

CIVIL PROCEDURE — Lis Pendens — Non-service of Processes — Effect

Olori Motors & Company Ltd & Ors v. Union Bank of Nigeria Plc (2006) NLC-123-278-2001(SC)

Civil Procedure Supreme Court

It is not necessary to bring an application for stay of execution where lis pendens applies. The mere existence of an appeal prevents the effective transfer…

Standard

LAND LAW — Proof of Title — Traditional Evidence — Unchallenged Traditional History Sufficient to Support Declaration

Amayo v. Erinmwingbovo (2006) NLC-123-323-2001(SC)

Land Law Supreme Court

Where traditional evidence is not contradicted or in conflict, it can support a claim for declaration of title.

Standard

TORT LAW — Conversion — Act of Interference with Ownership as Basis of Liability

Boniface Anyika & Co. & Anor v. Uzor (2006) NLC-123-384-2001(SC)

Tort Law Supreme Court

A cause of action in conversion is based on an unequivocal act of ownership by a defendant of goods of the plaintiff without any authority or…

Standard

CIVIL PROCEDURE — Lis Pendens — Doctrine of Lis Pendens — Applicability Regardless of Notice

Olori Motors & Company Ltd & Ors v. Union Bank of Nigeria Plc (2006) NLC-123-278-2001(SC)

Civil Procedure Supreme Court

Lis pendens applies by operation of law, independent of the parties' will, regardless of whether the immediate parties had notice of the appeal. Even a person…

Standard

CIVIL PROCEDURE — Lis Pendens — Appeal as Continuation of Suit — Effect on Property Rights

Olori Motors & Company Ltd & Ors v. Union Bank of Nigeria Plc (2006) NLC-123-278-2001(SC)

Civil Procedure Supreme Court

The mere existence of an appeal prevents the effective transfer of rights in any property that is the subject matter of an action pending in court.…

Standard

COMPANY LAW — Directors’ Powers — Authority to Institute Legal Proceedings — Section 63(3) of CAMA

Odutola Holdings Ltd v. Ladejobi & Ors (2006) NLC-123-263-2001(SC)

Company Law Supreme Court

Section 63(3) of CAMA provides that, except as otherwise provided in the company's articles, the business of the company shall be managed by the board of…

Standard

CIVIL PROCEDURE — Alternative Reliefs — Duty of Court — Principal Relief Must Be Considered First

Odutola Holdings Ltd v. Ladejobi & Ors (2006) NLC-123-263-2001(SC)

Civil Procedure Supreme Court

Once the main claim or relief succeeds, there is no need to consider or grant an alternative relief.

Previous 1 … 107 108 109 110 111 … 456 Next