Principle Archive – Page 182 – Nigerian LawCompass (NLC)

5473 Principles 53 Areas of Law 26 Years Covered

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JURISDICTION — Statutory Ouster of State High Court Jurisdiction — Decree No. 107 of 1993 Divests State High Courts of Jurisdiction Over Federal Agencies

Olutola v. University of Ilorin (2004) NLC-2111999(SC)

Jurisdiction Supreme Court

The effect of section 230(1)(s) of the 1979 Constitution as amended by Decree No. 107 of 1993 is to oust the jurisdiction of State High Courts…

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JURISDICTION — Jurisdiction of State High Court — Effect of Decree No. 107 of 1993 on Pending Actions Against Federal Agencies

Olutola v. University of Ilorin (2004) NLC-2111999(SC)

Jurisdiction Supreme Court

By Decree No. 107 of 1993, section 230 of the 1979 Constitution conferred exclusive jurisdiction on the Federal High Court. The amendment vested jurisdiction in the…

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JURISDICTION — Jurisdiction as Threshold Issue — Court’s Duty to Raise Issue of Jurisdiction Suo Motu

Olutola v. University of Ilorin (2004) NLC-2111999(SC)

Jurisdiction Supreme Court

Jurisdiction goes to the competence of the court. It can be raised at any stage by any party or by the court itself suo motu. When…

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JURISDICTION — Effect of Lack of Jurisdiction — Proceedings Conducted Without Jurisdiction Are a Nullity

Olutola v. University of Ilorin (2004) NLC-2111999(SC)

Jurisdiction Supreme Court

A court is bound to put an end to its proceedings if at any stage it becomes manifest that they are incompetent. It can do so…

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JURISDICTION — Distinction Between Law Applicable to Cause of Action and Law Conferring Jurisdiction

Olutola v. University of Ilorin (2004) NLC-2111999(SC)

Jurisdiction Supreme Court

The law which supports a cause of action is not necessarily co-extensive with the law which confers jurisdiction on the court. The relevant law for cause…

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JURISDICTION — Applicable Law for Determining Jurisdiction — Law in Force at Time of Trial Governs Jurisdiction

Olutola v. University of Ilorin (2004) NLC-2111999(SC)

Jurisdiction Supreme Court

While the existing substantive law at the time a cause of action arose governs the determination of the action, it is the law in force at…

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APPELLATE PRACTICE — Precedent — Court of Appeal Not Bound by Its Own Erroneous Decision in Conflict with Supreme Court Authority

Olutola v. University of Ilorin (2004) NLC-2111999(SC)

Appellate Practice Supreme Court

Where a previous decision of the Court of Appeal is in conflict with a decision of the Supreme Court, the Court of Appeal is not bound…

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APPELLATE PRACTICE — Power of Appellate Court to Order Retrial — Precondition of Trial Court’s Jurisdiction

Olutola v. University of Ilorin (2004) NLC-2111999(SC)

Appellate Practice Supreme Court

It is curious law, if it is law at all, to expect the Court of Appeal to order a retrial in a matter in which the…

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CHIEFTAINCY LAW — Locus Standi in Chieftaincy Matters — Parameters for Instituting Action

Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC)

Chieftaincy Law Supreme Court

(a) A party may show that the right being asserted is that of his family by reason of hereditary interests. In such case, the family through…

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CIVIL PROCEDURE — Locus Standi — Right of Person to Protect Family Interest in Property or Title

Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC)

Civil Procedure Supreme Court

A person has the right to protect his family interest in a property or title and can sue for himself and on behalf of the family…

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CIVIL PROCEDURE — Locus Standi — Representative Capacity of Ruling House in Chieftaincy Matters

Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC)

Civil Procedure Supreme Court

Where the interest is not personal but belongs to the whole family (e.g., a non-member nominated to chieftaincy), the whole family as a group has legal…

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CIVIL PROCEDURE — Locus Standi — Distinction Between Personal Action and Representative Action in Chieftaincy Matters

Ladejobi & Ors v. Oguntayo & Ors (2004) NLC-1732000(SC)

Civil Procedure Supreme Court

Where an action is not instituted as a representative action, the court cannot treat it as one. The plaintiff who cannot allege personal rights being infringed…

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