Principle Archive – Page 126 – Nigerian LawCompass

5473 Principles 53 Areas of Law 26 Years Covered

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EVIDENCE LAW — Circumstantial Evidence — Standard Required to Ground Conviction for Murder

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

Evidence Law Supreme Court

In using circumstantial evidence to determine guilt, it must be shown by credible evidence that there are a number of co-existing circumstances accepted by credible evidence,…

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CRIMINAL LAW — Doctrine of Last Seen — Presumption Arising Where Deceased Last Seen Alive with Accused

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

Criminal Law Supreme Court

The law presumes that the person last seen with the deceased bears full responsibility for his or her death if the deceased turns out dead. It…

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CIVIL PROCEDURE — Jurisdiction — Competence of Court Defined by Three Conditions

Arewa Paper Converters Ltd v. N.I.D.C. (Nig. Universal Bank Ltd) (2006) NLC-123-135-2003(SC)

Civil Procedure Supreme Court

A court is competent to entertain a matter if: (a) properly constituted; (b) subject matter is within its jurisdiction; and (c) the case is initiated by…

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CRIMINAL LAW — Identification Evidence — When Identification Parade Is Unnecessary — Recognition by Witnesses Prior to Incident

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

Criminal Law Supreme Court

It is not in every case that an identification parade becomes necessary. The present case was not one of mistaken identity but recognition of persons already…

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CRIMINAL LAW — Defences — Alibi — Effect of Accused Being Fixed at Scene of Crime at Material Time

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

Criminal Law Supreme Court

If the prosecution adduces sufficient and accepted evidence to fix an accused person at the scene of crime at the material time, his alibi is thereby…

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APPELLATE PRACTICE — Concurrent Findings — Attitude of Supreme Court to Concurrent Findings of Fact

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

Appellate Practice Supreme Court

The Supreme Court will ordinarily not interfere with concurrent findings of fact made by both the trial and the appeal courts unless in exceptional circumstances, such…

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CIVIL PROCEDURE — Jurisdiction — Jurisdiction of Federal High Court under Decree No. 62 of 1999 Confined to Part-Heard Matters

Arewa Paper Converters Ltd v. N.I.D.C. (Nig. Universal Bank Ltd) (2006) NLC-123-135-2003(SC)

Civil Procedure Supreme Court

The jurisdiction of the Federal High Court under Decree No. 62 of 1999 is confined to part-heard matters left behind by defunct Failed Banks Tribunals from…

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CONSTITUTIONAL LAW — Fundamental Rights — Right to Personal Liberty — Effect of Partial Suspension of Section 32 of the 1979 Constitution

Duru & Anor v. Nwangwu & Anor (2006) NLC-123-255-2001(SC)

Constitutional Law Supreme Court

Section 32(1) which guarantees every person a right to personal liberty has not been suspended by any written law, Decree or Act of Parliament. The Court…

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CIVIL PROCEDURE — Interlocutory Applications — Determination Must Not Dispose of Substantive Case

Duru & Anor v. Nwangwu & Anor (2006) NLC-123-255-2001(SC)

Civil Procedure Supreme Court

The resolution of the matter did not touch on the substantive issues before the Federal High Court. The appellants' case is yet to commence against the…

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EVIDENCE LAW — Proof of Damages — Failure to Prove Pecuniary Loss Entities Party Only to Nominal Damages

Baker Marine Nig. Ltd v. Chevron Nig. Ltd (2006) NLC-123-374-2001(SC)

Evidence Law Supreme Court

Where a party has established a breach but fails to prove damages or grounds from which the value of loss can be quantified, he is entitled…

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CONTRACT LAW — Interpretation of Contracts — Court Cannot Write New Contract for Parties

Baker Marine Nig. Ltd v. Chevron Nig. Ltd (2006) NLC-123-374-2001(SC)

Contract Law Supreme Court

In the interpretation of contracts or documents, the basic principle is that it is not the duty of any court or tribunal to make contracts for…

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ARBITRATION LAW — Arbitral Awards — Setting Aside Awards — Error of Law on Face of Award Justifies Setting Aside

Baker Marine Nig. Ltd v. Chevron Nig. Ltd (2006) NLC-123-374-2001(SC)

Arbitration Law Supreme Court

Since the arbitrators stated that the appellant did not prove pecuniary damages, it was no longer open to them to award substantial damages in place of…

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