Principle Archive

The Supreme Court will not interfere with concurrent findings of fact by the two lower courts unless there is a clear error either in procedure or…

Where the law declares a document inadmissible, the document cannot be admitted in evidence even where there was no objection or even where the parties consent…

Just as parties are bound by their pleadings, trial courts are equally bound by the pleadings and the issues raised by and in those pleadings. The…

Where an appellate court such as the Supreme Court is of the view that a consideration of an issue is enough to dispose of the appeal,…

A man ordinarily living in Maiduguri may be in possession of a vacant house in Lagos if he has the keys. However, possession capable of raising…

A declaration of an intention to amend does not amount to an amendment of the pleadings. The case of the plaintiffs therefore is as averred in…

A plaintiff is bound by the case he put forward in his pleadings. Any evidence which is at variance with the averment of the pleadings goes…

A claim in trespass is not dependent on proof of title to land. A plaintiff who fails to prove title may not necessarily fail. If he…

If the subject-matter is within the jurisdiction of the court, failure of the plaintiff to serve the pre-action notice on the defendant gives the defendant a…

Where traditional histories given by both sides are plausible but conflicting, the court cannot simply prefer one side. To determine which history is more probable, courts…

Where a party relies on traditional history, and in addition acts of ownership and long possession predicated on that traditional history as pleaded, he is not…

Every point in controversy is loosely an issue, but for brief purposes, an issue is one so crucial that deciding it in a party's favour entitles…