Principle Archive – Page 129 – Nigerian LawCompass

5473 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Dismissal for Want of Prosecution — Finality of Dismissal Under Order 6 Rule 10 of Court of Appeal Rules

Asalu & Ors v. Dakan & Ors (2006) NLC-123-151-2002(SC)

Appellate Practice Supreme Court

An appeal dismissed on the ground of failure to file appellant's brief of argument is final. The appeal so dismissed cannot be revived.

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APPELLATE PRACTICE — Dismissal for Want of Prosecution — Court Functus Officio Upon Dismissal Under Order 6 Rule 10

Asalu & Ors v. Dakan & Ors (2006) NLC-123-151-2002(SC)

Appellate Practice Supreme Court

Once the Court of Appeal has dismissed the appeal for want of prosecution due to appellant's failure to file a brief of argument, that court is…

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APPELLATE PRACTICE — Substitution of Parties — Right of Family to Substitute Deceased Party in Chieftaincy Disputes

Arowolo v. Akapo (2006) NLC-123-200-2003(SC)

Appellate Practice Supreme Court

This is a proper case for substitution to protect the interest of the family or ruling house that presented the original appellant for the Obaship, particularly…

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CONSTITUTIONAL LAW — Fundamental Rights — Test for Determining Whether Claim Qualifies as Fundamental Rights Enforcement

Abdulhamid v. Akar (2006) NLC-123-240-2001(SC)

Constitutional Law Supreme Court

For a claim to qualify as fundamental rights enforcement, the principal relief sought must be for the enforcement of a fundamental right. It must not be…

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APPELLATE PRACTICE — Substitution of Parties — When a Family Interest Survives a Personal Action

Arowolo v. Akapo (2006) NLC-123-200-2003(SC)

Appellate Practice Supreme Court

Where the judgment on appeal affects the rights of the family and the interest of justice demands that a family member be substituted for a deceased…

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CONSTITUTIONAL LAW — Fundamental Rights — Enforcement of Fundamental Rights Against Individuals

Abdulhamid v. Akar (2006) NLC-123-240-2001(SC)

Constitutional Law Supreme Court

Where fundamental rights are invaded not by government agencies but by ordinary individuals, such victims have rights against the individual perpetrators as they would have against…

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CONSTITUTIONAL LAW — Fundamental Rights — Enforcement Procedure Rules Not Applicable Where Principal Claim Is Tortious

Abdulhamid v. Akar (2006) NLC-123-240-2001(SC)

Constitutional Law Supreme Court

A claim under common law can be joined in an application under Section 42 of the 1979 Constitution where such claim is secondary, ancillary, or incidental…

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CONSTITUTIONAL LAW — Fundamental Rights — Enforcement Procedure Rules Not Applicable Where Principal Claim Is Tortious

Abdulhamid v. Akar (2006) NLC-123-240-2001(SC)

Constitutional Law Supreme Court

A claim under common law can be joined in an application under Section 42 of the 1979 Constitution where such claim is secondary, ancillary, or incidental…

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ENFORCEMENT OF JUDGMENTS — Sheriffs and Civil Process Act, Sections 47 and 48 — Application Within 21 Days — Applies Only Where Sale Conducted Under Valid Court Order

Saleh v. Monguno (2006) NLC-123-403-2001(SC)

Enforcement of Judgments

The sale of the three properties comes squarely within sections 47 and 48 of the Sheriffs and Civil Process Act. Since the auction sale was not…

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CIVIL PROCEDURE — Originating Processes — Commencement of Action Must Follow Due Process of Law

Abdulhamid v. Akar (2006) NLC-123-240-2001(SC)

Civil Procedure Supreme Court

One of the indicia of jurisdiction is that the action is initiated by due process of law, which in this case is by writ of summons.

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CIVIL PROCEDURE — Jurisdiction — Determination of Jurisdiction by Reference to Plaintiff’s Claim

Abdulhamid v. Akar (2006) NLC-123-240-2001(SC)

Civil Procedure Supreme Court

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

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EQUITY AND TRUSTS — Maxims of Equity — Ubi Jus Ibi Remedium — Court Must Provide Remedy Where Right Is Established

Saleh v. Monguno (2006) NLC-123-403-2001(SC)

Equity and Trusts Supreme Court

The maxim ubi jus ibi remedium is a principle of universal validity available to all legal systems involved in impartial administration of justice. It enjoins courts…

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