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Principle Archive

5473 Principles 53 Areas of Law 26 Years Covered

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LAND LAW — Landlord and Tenant — Landlord’s Remedy for Tenant’s Breach of Covenant to Repair is Damages, Not Refusal of Surrender

Reynolds Construction Co. (Nig.) Ltd. v. Rockonoh Properties Co. Ltd. (2005) NLC-491999(SC)

Land Law Supreme Court

The landlord's remedies for breach by the tenant of his repairing covenant are: (1) forfeiture; (2) action for damages; or (3) entry to carry out repairs…

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APPELLATE PRACTICE — Appeals — Fresh Points on Appeal — Appellant Must Seek Leave to Raise Issue Not Pronounced Upon Below

Owie v. Ighiwi (2005) NLC-123-257-2000(SC)

Appellate Practice Supreme Court

An appellant will not generally be allowed to raise a question not raised, tried, or considered by the court below. However, where it involves a substantial…

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CONSTITUTIONAL LAW — Original Jurisdiction of the Supreme Court — Existence of a Justiciable Dispute

A.G., Anambra State v. A.G., FRN & Ors (2005) NLC-123-003-2004(SC)

Constitutional Law Supreme Court

The dispute must raise an issue on which the existence or extent of a legal right depends. It must be definite and concrete. Hypothetical and speculative…

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CONSTITUTIONAL LAW — Judicial Powers — Courts Do Not Give Advisory Opinions

A.G., Anambra State v. A.G., FRN & Ors (2005) NLC-123-003-2004(SC)

Constitutional Law Supreme Court

It is not the function or indeed the duty of the court to embark on advisory opinion.

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CONSTITUTIONAL LAW — Interpretation of Section 215(4) of the 1999 Constitution — Power of State Governor to Direct Commissioner of Police

A.G., Anambra State v. A.G., FRN & Ors (2005) NLC-123-003-2004(SC)

Constitutional Law Supreme Court

Subject to the provisions of this section, the Governor of a State may give to the Commissioner of Police of that State such lawful directions with…

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CONSTITUTIONAL LAW — Appellate Jurisdiction of the Supreme Court — Appeals Must Originate from the Court of Appeal

A.G., Anambra State v. A.G., FRN & Ors (2005) NLC-123-003-2004(SC)

Constitutional Law Supreme Court

The appellate jurisdiction of the Supreme Court is to hear and determine appeals from the Court of Appeal to the exclusion of any other court of…

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CIVIL PROCEDURE — Enforcement of Judgments — Duty to Obey Court Orders Until Set Aside

A.G., Anambra State v. A.G., FRN & Ors (2005) NLC-123-003-2004(SC)

Civil Procedure Supreme Court

The plain and unqualified obligation of every person against whom an order is made by a court of competent jurisdiction is to obey it unless and…

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SUPREME COURT — Original Jurisdiction — Requirement of a Dispute Between the Federation and a State

A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC)

Supreme Court

Under section 232(1), the Supreme Court can only assume original jurisdiction where a dispute exists between: (1) the Federation and a State; or (2) a State…

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STATUTORY INTERPRETATION — Interpretation of Decrees — Literal Rule and Intention of the Lawmaker in State Creation Laws

A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC)

Interpretation of Statutes Supreme Court

In order to discover the true intent of the Government by the promulgation of Decree No. 41, the court is entitled to read the Decree in…

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GOVERNMENT — Government Borrowing — Obligation of State to Pay Debts and Federal Government’s Role as Guarantor

A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC)

Supreme Court

The plaintiff cannot be heard to complain about averments that meetings were held to resolve payments due in respect of debts it inherited. The plaintiff, having…

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CONSTITUTIONAL LAW — State Creation — Succession to Assets and Liabilities Upon State Creation

A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC)

Constitutional Law Supreme Court

By section 7(1) of Decree No. 41 of 1991, properties and chattels lying within newly created Abia State were transferred to Abia State. Abia State becomes…

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CIVIL PROCEDURE — Pleadings — Effect of Failure to Traverse Material Averments

A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC)

Civil Procedure Supreme Court

Having regard to the several complaints of the plaintiff, one would have expected the plaintiff to file a reply to this averment so that the defence…

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