Principle Archive – Page 192 – Nigerian LawCompass (NLC)

5473 Principles 53 Areas of Law 26 Years Covered

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CHIEFTAINCY LAW — Chieftaincy Succession — What Constitutes a Chieftaincy Question

Aroyewun & Ors v. Adediran (2004) NLC-2061999(SC)

Chieftaincy Law Supreme Court

Section 24 of the Chiefs Law defines 'chieftaincy question' as any question relating to the selection, appointment, installation, deposition, suspension or abdication of a chief. The…

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CHIEFTAINCY LAW — Chieftaincy Succession — Declaration of Sole Recognition of Chief over Community

Aroyewun & Ors v. Adediran (2004) NLC-2061999(SC)

Chieftaincy Law Supreme Court

In sum, the plaintiff succeeds in part. Declaration is granted that the plaintiff is the only recognised Chief or Oba Ajoriwin of Irawo, be it known…

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APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Unless Miscarriage of Justice Occurs

Aroyewun & Ors v. Adediran (2004) NLC-2061999(SC)

Appellate Practice Supreme Court

It is now a settled practice that the Supreme Court will not interfere with concurrent findings of the lower courts unless they are not justified by…

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CIVIL PROCEDURE — Service of Process — Service on Corporation — Service at Branch or Liaison Office Ineffective

Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC)

Civil Procedure Supreme Court

A corporate body can only be served under the relevant rules of court by giving the writ of summons or document to any director, trustee, secretary,…

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CIVIL PROCEDURE — Jurisdiction — Territorial Jurisdiction — Venue in Breach of Contract Actions Governed by Place of Performance or Defendant’s Residence

Kraus Thomson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC)

Civil Procedure Supreme Court

By virtue of Order 1A rule 3 of the High Court Rules of Lagos State, an action upon a breach of contract may be commenced and…

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CIVIL PROCEDURE — Jurisdiction — Territorial Jurisdiction — Residence of Corporation Determined by Place of Central Management and Control

Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC)

Civil Procedure Supreme Court

It has been judicially pronounced that the residence of a corporation is the place of its central management and control. This is normally the place where…

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CIVIL PROCEDURE — Jurisdiction — Territorial Jurisdiction — Finding on Residence Not Appealed Binding on Parties

Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC)

Civil Procedure Supreme Court

The trial court found as a fact that the contract was to be performed at Calabar outside the jurisdiction and that the defendant does not reside…

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APPELLATE PRACTICE — Issue Formulation — Court Raising Issue Suo Motu — Obligation to Hear Parties Before Deciding

Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC)

Appellate Practice Supreme Court

Courts have the power to raise suo motu relevant issues not before the court for determination of the case. However, the court must adhere strictly to…

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APPELLATE PRACTICE — Grounds of Appeal — Appeal Involving Questions of Law Alone — Leave Not Required for Interlocutory Decisions

Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC)

Appellate Practice Supreme Court

Section 241(1)(b) of the 1999 Constitution provides that an appeal may be as of right from the decisions of the High Court to the Court of…

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LAND LAW — Declaration of Title to Land — Burden to Prove Identity of Land Arises Only Where Defendant Raises It in Defence

Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC)

Land Law Supreme Court

A plaintiff seeking a declaration of title to land has the primary duty to prove clearly and unequivocally the precise area to which his claim relates.…

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CIVIL PROCEDURE — Substantial Justice — Courts Should Do Substantial Justice Without Undue Adherence to Technicalities

Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC)

Civil Procedure Supreme Court

The attitude of the courts nowadays is to do substantial justice without undue adherence to technicalities. Justice can only be done if the substance of the…

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CIVIL PROCEDURE — Pleadings — Ascertaining Plaintiff’s Claim Requires Examination of Entire Statement of Claim Including Survey Plans

Adelusola & Ors v. Akinde & Ors (2004) NLC-2592001(SC)

Civil Procedure Supreme Court

To ascertain the exact claim of a plaintiff in a suit, one generally must have recourse to the writ of summons and the claim as endorsed…

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