Principle Archive – Page 130 – Nigerian LawCompass

5473 Principles 53 Areas of Law 26 Years Covered

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ENFORCEMENT OF JUDGMENTS — Nullity — No Degrees of Nullity — All Sales Based on Void Judgment Are Equally Void

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

Enforcement of Judgments Supreme Court

It is erroneous to treat properties sold differently. Both became properties sold in defiance of the law. There can be no degree of a nullity. If…

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ENFORCEMENT OF JUDGMENTS — Nullity of Judgment — Effect on Execution — Sale Under Void Judgment Is Itself a Nullity

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

Enforcement of Judgments Supreme Court

The consequence of a failure to set aside the sale of appellant's properties is that those properties have been in the hands of other persons for…

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ENFORCEMENT OF JUDGMENTS — Attachment and Sale Without Court Order — Sale Is Illegal, Unconstitutional, Null and Void

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

Enforcement of Judgments Supreme Court

The attachment and sale of the appellant's four properties was illegal, unconstitutional, null and void, and passed no title to any buyer. The court below was…

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ENFORCEMENT OF JUDGMENTS — Attachment and Sale of Immovable Property — Application Must Be on Notice to Judgment Debtor

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

Enforcement of Judgments Supreme Court

Section 44 of the Sheriffs and Civil Process Law is silent on how to apply for a writ of execution against immovable property. It is only…

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CONSTITUTIONAL LAW — Right to Property — Section 44(1), 1999 Constitution — Property Not to Be Taken Except by Due Process

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

Constitutional Law Supreme Court

No citizen may be deprived of his property without due process of law. Judgment was given against the appellant and his properties sold. The judgment was…

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CHIEFTAINCY LAW — Judicial Review in Chieftaincy — Jurisdiction of High Court to Grant Declaratory Reliefs

Okomalu v. Akinbode (2006) NLC-123-256-2001(SC)

Chieftaincy Law Supreme Court

High Courts have jurisdiction to grant declaratory reliefs in chieftaincy matters and they exercise that jurisdiction without equivocation. Reliefs that seek a finding of what the…

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CONSTITUTIONAL LAW — Fundamental Rights — Right to Fair Hearing — Natural Justice — Application for Attachment of Immovable Property Without Notice Breaches Fair Hearing

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

Constitutional Law Supreme Court

It cannot amount to anything else than a gross abuse and breach of the rules of natural justice for a writ of execution or attachment to…

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CIVIL PROCEDURE — Commencement of Proceedings — Non-Compliance With Rules — Courts Must Ensure Substantial Justice

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

Civil Procedure Supreme Court

All rules of court are made in aid of justice. The interest of justice must be given paramountcy over any rule compliance with which will lead…

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CIVIL PROCEDURE — Mistake of Counsel — Party Not to Be Punished for Counsel’s Error

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

Civil Procedure Supreme Court

Courts have insisted that parties should not be punished for the ignorance or mistake of their counsel. The injustice resulting to the litigant from such ignorance…

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APPELLATE PRACTICE — Remittal of Case — When Order for Retrial Will Be Made

Okomalu v. Akinbode (2006) NLC-123-256-2001(SC)

Appellate Practice Supreme Court

An order of retrial will be made where the trial court failed to determine vital issues by appraising and evaluating the evidence before it. The evidence…

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EQUITY AND TRUSTS — Estoppel — Conduct Preventing Claim of Already Utilised Funds

Olalekan v. Wema Bank Plc. (2006) NLC-123-229-2000(SC)

Equity and Trusts Supreme Court

An estoppel is an admission, or something which the law treats as equivalent to an admission, of an extremely high and conclusive nature—so high and conclusive…

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EQUITY AND TRUSTS — Estoppel — Conditions for Estoppel by Conduct

Olalekan v. Wema Bank Plc. (2006) NLC-123-229-2000(SC)

Equity and Trusts Supreme Court

If a man by words or conduct wilfully causes another to believe in a false state of things, and the second believes and acts upon it,…

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