Principle Archive – Page 157 – Nigerian LawCompass

5473 Principles 53 Areas of Law 26 Years Covered

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CRIMINAL LAW — Proof Beyond Reasonable Doubt — Lies Told by Accused — Lies Insufficient to Relieve Prosecution of Burden

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Criminal Law Supreme Court

It has never been the law that the mere fact that a person told lies is by itself sufficient to convict him of an offence unconnected…

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APPELLATE PRACTICE — Review of Decision — Appellate Court May Affirm Correct Decision Despite Wrong Reasons

A. I. C. Limited v. NNPC (2005) NLC-2372001(SC)

Appellate Practice Supreme Court

An appellate court will not set aside a lower court's decision that is right and just merely because the lower court gave wrong reasons. The paramount…

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CONSTITUTIONAL LAW — Fundamental Rights — Fair Hearing — Record of Proceedings — Presumption of Regularity Where Interpreter Recorded at Commencement of Trial

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Constitutional Law Supreme Court

Where the record shows that the charge was read and explained to the appellants before they pleaded, that is sufficient recording to show that an interpreter…

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CONSTITUTIONAL LAW — Fundamental Rights — Fair Hearing — Breach of Section 36(7) Distinguished from Breach of Section 36(6)(e)

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Constitutional Law Supreme Court

The breach of section 36(7) of the Constitution alone is not sufficient to vitiate the trial. Every case will be decided on its particular facts. Breach…

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CONSTITUTIONAL LAW — Fundamental Rights — Fair Hearing — Record of Proceedings — Impeachment of Record Required Before Alleging Omissions

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Constitutional Law Supreme Court

Any person contending that the record of proceedings before an appellate court is not a fair record of what happened at the court of first instance…

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CONSTITUTIONAL LAW — Fundamental Rights — Fair Hearing — Record of Proceedings — Constitutional Duty to Keep Record under Section 36(7)

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Constitutional Law Supreme Court

Record of proceedings is the only indication of what took place in a court; it is not like minutes of a meeting; it is always the…

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APPELLATE PRACTICE — Concurrent Findings — Concurrent Findings of Fact by Lower Courts — Attitude of Supreme Court

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Appellate Practice Supreme Court

I ought not to disturb these concurrent findings of fact. On the whole, I am satisfied that the court below was right to have affirmed the…

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PARTNERSHIP LAW — Authority of Partner — Notice of Limitation on Partner’s Authority to Third Parties

Ndoma-Egba v. African Continental Bank Plc (2005) NLC-402001(SC)

Supreme Court

Where the partnership left written instructions with the bank that cheques must be signed by both partners jointly, the bank had notice of the limit on…

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EVIDENCE LAW — Proof of Handwriting — Power of Court to Compare Signatures Without Expert Evidence

Ndoma-Egba v. African Continental Bank Plc (2005) NLC-402001(SC)

Evidence Law Supreme Court

It is not unusual for courts in a clear case to form their own opinion as to handwriting. Where dissimilarities between signatures on cheques and genuine…

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EVIDENCE LAW — Burden of Proof — Distinction Between Alleging Fraud in Civil Proceedings and Alleging Forgery as a Crime

Ndoma-Egba v. African Continental Bank Plc (2005) NLC-402001(SC)

Evidence Law Supreme Court

The use of the word "forge" in a civil case has a secondary connotation meaning only that the plaintiff did not sign the cheques. Section 138(1)…

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BANKING LAW — Banker-Customer Relationship — Effect of Breach of Joint Mandate

Ndoma-Egba v. African Continental Bank Plc (2005) NLC-402001(SC)

Banking Law Supreme Court

Where a joint mandate requires both partners' signatures for withdrawals, the bank owes each partner the duty not to allow either to withdraw funds without the…

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LAND LAW — Trespass — Possession Sufficient to Maintain Trespass Even Where Title Not Proved

Balogun & Ors v. Akanji & Ors (2005) NLC-841993(SC) a

Land Law Supreme Court

Trespass to land is actionable at the suit of the person in possession. That person can sue for trespass even if he is neither the owner…

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