Principle Archive – Page 162 – Nigerian LawCompass

5473 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Grounds of Appeal — Appellate Court Limited to Review of Decision of Lower Court

Okere v. Amadi & Ors (2005) NLC-642000(SC)

Appellate Practice Supreme Court

An appellate court is not an inception of a new case. An appeal is generally confined to consideration of the record from the lower court. An…

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COMMERCIAL LAW — Bills of Exchange — Liability of an Endorser is Equivalent to a New Drawer

Auto Import Export v. Adebayo (2005) NLC-491997(SC)

Commercial Law Supreme Court

Every endorser of a bill is in the nature of a new drawer, and is liable to every proceeding holder in default of acceptance or payment…

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CIVIL PROCEDURE — Pleadings — Party Need Only Plead Material Facts Not Legal Consequence

Auto Import Export v. Adebayo (2005) NLC-491997(SC)

Civil Procedure Supreme Court

It is sufficient for the pleader to state the material facts. He need not state the legal result. If, for convenience, he does so, he is…

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EVIDENCE LAW — Estoppel — Waiver — Essential Elements of Waiver

Auto Import Export v. Adebayo (2005) NLC-491997(SC)

Evidence Law Supreme Court

Waiver is the abandonment of a right. Two elements must co-exist: (i) the party against whom waiver is raised must have knowledge of the act or…

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CONTRACT LAW — Guarantees — Guarantor’s Liability Crystallises Upon Default of Principal Debtor

Auto Import Export v. Adebayo (2005) NLC-491997(SC)

Contract Law Supreme Court

The liability of a guarantor becomes due and mature immediately the debtor/borrower becomes unable to pay its outstanding debt. The guarantor's liability is then said to…

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LABOUR LAW — Termination of Employment — Master and Servant Relationship — Court Cannot Impose Servant on Unwilling Master

Ibama v. Shell Petroleum Development Company of Nigeria Limited (2005) NLC-662000(SC)

Labour Law Supreme Court

No servant can be imposed by the court on an unwilling master, even where the master's behaviour is wrong. For his wrongful act, the master is…

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COMMERCIAL LAW — Bills of Exchange — Waiver of Rights on a Bill Must Be in Writing

Auto Import Export v. Adebayo (2005) NLC-491997(SC)

Commercial Law Supreme Court

For a holder of a bill to waive or renounce his right under the bill, the same must be in writing. An oral agreement is not…

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LABOUR LAW — Termination of Employment — Notification of Pending Retirement Is Not a Bar to Termination

Ibama v. Shell Petroleum Development Company of Nigeria Limited (2005) NLC-662000(SC)

Labour Law Supreme Court

The fact that an employee has been notified of his pending retirement does not, on its own, constitute a bar to subsequent termination of his employment…

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APPELLATE PRACTICE — Panel of Justices — Justice Who Did Not Hear an Appeal Cannot Validly Write a Judgment

Ubwa v. Tiv Area Trading Council & Ors (2004) NLC-712000(SC)

Appellate Practice Supreme Court

The entire proceedings before the Court of Appeal were a nullity because all members who heard the appeal and those who wrote the judgments were not…

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STATUTORY INTERPRETATION — Literal Rule — Applies to Clear and Unambiguous Words

Ndoma-Egba v. Chukwuogor (2004) NLC-1061998(SC)

Interpretation of Statutes Supreme Court

The literal rule is the golden rule method of interpretation when words of a statute are plain and unambiguous. Such words should be given their ordinary…

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PROPERTY LAW — Abandoned Property — Meaning and Intention to Abandon Required

Ndoma-Egba v. Chukwuogor (2004) NLC-1061998(SC)

Property Law Supreme Court

Abandonment includes both the intention to abandon and the external act carrying that intention into effect. Intention is the first and paramount object of inquiry; there…

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CIVIL PROCEDURE — Joinder of Parties — Party Who Participates in Trial Cannot Later Claim Improper Joinder on Unpleaded Facts

Ndoma-Egba v. Chukwuogor (2004) NLC-1061998(SC)

Civil Procedure Supreme Court

A defendant who had every opportunity to put his case and was given a full hearing cannot later seek an easy way of avoiding liability by…

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