Principle Archive – Page 125 – Nigerian LawCompass

5473 Principles 53 Areas of Law 26 Years Covered

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CUSTOMARY LAW — Customary Tenancy — Forfeiture — Alienation Without Consent of Overlord Results in Forfeiture

Akinlagun & Anor v. Oshoboja & Ors (2006) NLC-123-367-2002(SC)

Customary Law Supreme Court

The alienation of land by a customary tenant without the consent of the landlord will result in forfeiture.

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CIVIL PROCEDURE — Pleadings — Effect of Evidence Not Pleaded

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

Civil Procedure Supreme Court

Parties are bound by their pleadings, and facts not pleaded go to no issue.

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EVIDENCE LAW — Admissions — Facts Admitted Need No Further Proof

Akinlagun & Anor v. Oshoboja & Ors (2006) NLC-123-367-2002(SC)

Evidence Law Supreme Court

It is now firmly settled that what is admitted needs no further proof.

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APPELLATE PRACTICE — Issue Formulation — Issues Must Be Derived from Grounds of Appeal

Akinlagun & Anor v. Oshoboja & Ors (2006) NLC-123-367-2002(SC)

Appellate Practice Supreme Court

Issues for determination in an appeal must be formulated or distilled from the grounds of appeal themselves and not from anywhere else.

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CUSTOMARY LAW — Customary Tenancy — Existence Based on Acknowledgement of Overlordship

Akinlagun & Anor v. Oshoboja & Ors (2006) NLC-123-367-2002(SC)

Customary Law Supreme Court

The concept of customary tenancy is peculiar to customary law and has no equivalent in English law. Where the tenant unequivocally recognises the overlordship of the…

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APPELLATE PRACTICE — Issue Formulation — Omnibus Ground Cannot Raise Specific Issue of Law or Fact

Akinlagun & Anor v. Oshoboja & Ors (2006) NLC-123-367-2002(SC)

Appellate Practice Supreme Court

An omnibus ground of appeal is a general ground of fact complaining against the totality of evidence. It cannot be used to raise any issue of…

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APPELLATE PRACTICE — Grounds of Appeal — Grounds Not Argued Are Deemed Abandoned

Akinlagun & Anor v. Oshoboja & Ors (2006) NLC-123-367-2002(SC)

Appellate Practice Supreme Court

Where no issue is raised in respect of a ground of appeal, the ground of appeal is deemed abandoned and should be struck out.

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EVIDENCE LAW — Confessional Evidence — Evidence of Co-Accused — Admissibility Against Co-Accused

Oyakhire v. State (2006) NLC-123-188-2005(SC)

Evidence Law Supreme Court

A statement made by an accused to the police is admissible only against the maker. But where the accused goes into the witness box and repeats…

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CRIMINAL PROCEDURE — Charge — Amendment of Charge — Presumption of Regularity of Judicial Acts

Oyakhire v. State (2006) NLC-123-188-2005(SC)

Criminal Procedure Supreme Court

When any judicial or official act is shown to have been done in a manner substantially regular, it is presumed that formal requisites for its validity…

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CRIMINAL LAW — Joint Enterprise — Common Intention — Criminal Liability for Probable Consequence

Oyakhire v. State (2006) NLC-123-188-2005(SC)

Criminal Law Supreme Court

If, in the course of executing an unlawful common purpose of armed robbery, the gunshot of one kills a victim, each accused is deemed to have…

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EVIDENCE LAW — Wrongful Admission of Evidence — Test for Reversal of Decision — Application of Section 227(1) Evidence Act

Archibong v. State (2006) NLC-123-253-2003(SC)

Evidence Law Supreme Court

The wrongful admission of evidence shall not of itself be a ground for reversal where it appears that the evidence admitted cannot reasonably be held to…

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APPELLATE PRACTICE — Leave to Appeal — Grounds of Law Alone — Right of Appeal in Death Sentence Cases

Oyakhire v. State (2006) NLC-123-188-2005(SC)

Appellate Practice Supreme Court

Where an appellant's right to appeal as of right on any issue is founded on the Constitution, he does not need leave to raise it. The…

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