Principle Archive

The principle of fair hearing is not only a common law right but also a constitutional right in Nigeria. The audi alteram partem rule is not…

Where a party voluntarily decided to opt out of his disciplinary trial, he has himself to blame for his failure to attend. He was warned that…

It is not proper for a court to embark on consideration of issues not raised by the parties. To raise issues suo motu without inviting counsel…

Any civil cause or matter arising from or connected with or pertaining to mines and minerals, including oil fields, oil mining, geological surveys and natural gas…

Jurisdiction is a matter of strict and hard law which can be taken by an appellate court. It is not a matter of fact within the…

There is a distinction between the validity of a writ of summons and the validity of its service. If a writ is valid, any default in…

The Court of Appeal may invoke its section 16 jurisdiction, and the Supreme Court its counterpart section 22 of the Supreme Court Act. Section 22 empowers…

Rules of court are made to enable the court meet the ends of justice. They are not immutable and cannot be construed in absolute terms. It…

Non-compliance with the rules of court is generally curable if not intended to overreach.

No writ of summons or originating summons meant to be served outside the jurisdiction may validly be issued without leave being first obtained from the court,…

Chieftaincy tussles constitute a major cause of unnecessary tensions within communities. It is therefore appropriate for a State Government to enact laws prescribing time limits within…

Section 25 of the Traditional Rulers and Autonomous Law of Imo State has not infringed the constitutional rights of a citizen. The sections of the 1979…