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Principle Archive

5473 Principles 53 Areas of Law 26 Years Covered

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CIVIL PROCEDURE — Adjournment — Discretion to Refuse Adjournment Must Be Exercised Judicially and Judiciously

Alsthom S. A. & Anor v. Saraki (2005) NLC-1201996(SC)

Civil Procedure Supreme Court

Adjournments are not obtained as a matter of course. They may be granted or refused at the discretion of the court. The exercise of such discretion,…

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CIVIL PROCEDURE — Pleadings — Illegality — Specific Pleading Required for Allegation of Illegality

Ishola v. UBN Ltd (2005) NLC-1251996(SC)

Civil Procedure Supreme Court

A party shall specifically plead any matter such as illegality which, if not specifically pleaded, might take the opposite party by surprise. Where both parties agree…

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CIVIL PROCEDURE — Pleadings — Court’s Duty — Court Cannot Make a Case for the Parties

Ishola v. UBN Ltd (2005) NLC-1251996(SC)

Civil Procedure Supreme Court

A court should not and cannot make a case for the parties different from what they set out in their pleadings. It is not open to…

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BANKING LAW — Banker-Customer Relationship — Interest Rates — Construction of Variable Interest Rate Clause

Ishola v. UBN Ltd (2005) NLC-1251996(SC)

Banking Law Supreme Court

Where the words of an instrument are free from ambiguity, and circumstances have not created doubt as to proper application, the instrument is to be construed…

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APPELLATE PRACTICE — Concurrent Findings — Interference with Findings of Fact — Evaluation of Documentary Evidence

Ishola v. UBN Ltd (2005) NLC-1251996(SC)

Appellate Practice Supreme Court

Where the evidence adduced before the trial court is documentary and not based on the demeanour or credibility of witnesses, the appellate court is in as…

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LAND LAW — Evidence in Land Matters — Proof of Title — Burden on Plaintiff to Succeed on Strength of Own Case

Shittu & Ors v. Fashawe (2005) NLC-212001(SC)

Land Law Supreme Court

In an action for declaration of title to land, a plaintiff can only succeed on the strength of his own case and may not rely on…

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LAND LAW — Evidence in Land Matters — Proof of Title — Burden on Plaintiff to Succeed on Strength of Own Case

Shittu & Ors v. Fashawe (2005) NLC-212001(SC)

Land Law Supreme Court

In an action for declaration of title to land, a plaintiff can only succeed on the strength of his own case and may not rely on…

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EVIDENCE LAW — Admissibility of Evidence — Wrongful Admission of Evidence — Effect on Judgment

Shittu & Ors v. Fashawe (2005) NLC-212001(SC)

Evidence Law Supreme Court

Even where inadmissible evidence is admitted, the trial Judge or appellate court should reject the evidence and, after expunging it, consider if there is any remaining…

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EVIDENCE LAW — Admissibility of Evidence — Categories of Inadmissible Evidence — Absolute vs. Conditional Inadmissibility

Shittu & Ors v. Fashawe (2005) NLC-212001(SC)

Evidence Law Supreme Court

There are two categories of inadmissible evidence. Evidence absolutely inadmissible in law is not within the competence of parties to admit by consent. The second class…

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APPELLATE PRACTICE — Issues for Determination — Issues Must Derive from Grounds of Appeal

Shittu & Ors v. Fashawe (2005) NLC-212001(SC)

Appellate Practice Supreme Court

Issues for determination must fall within the scope or ambit of the grounds of appeal. Any issue for determination falling outside the ambit or scope of…

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LAND LAW — Transfer of Title — Governor’s Consent Subsequent to Transaction Validates Transfer

Mainagge v. Gwamma (2004) NLC-191998(SC)

Land Law Supreme Court

The transfer of ownership without prior Governor's approval did not make it void. Once the documents, Certificate of Occupancy, and sale agreement were taken to the…

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LAND LAW — Proof of Title — Five Methods of Proving Title to Land Satisfied by Documentary Evidence

Mainagge v. Gwamma (2004) NLC-191998(SC)

Land Law Supreme Court

The totality of the evidence adduced by the respondent at the trial is in full support of his title to the property in dispute, in line…

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