Principle Archive

Looking at the judgment in totality, it will be observed that the trial Judge misconceived the placing of the evidential burden of proof. He appeared to…

By section 14 of the Evidence Act, a custom which is not noticed judicially must be proved by evidence in court, and the burden of proof…

The respondents are bound by the pleadings and cannot at the trial be allowed by the Supreme Court or indeed any other court to set up…

There is nothing averred in the pleadings that one Uzoma became the head of Ozo or that by virtue of that he became the Diokwara of…

This principle applies only where the decisive issue was the credibility of the witnesses and not where the findings were based on evaluation of evidence as…

Where a body of men, be they Chiefs or otherwise, act as arbitrators over a dispute between two parties, their decision shall have a binding effect,…

Negligence alone does not give a cause of action, damage alone does not give a cause of action; the two must co-exist.

First one has to ask as between the alleged wrong doer and the person who has suffered damage if there is a sufficient relationship of proximity…

The obligations towards the contracting party extended to all such persons who were likely to be injured by the acts or omissions of the defendant. They…

General damages are those damages which the law presumes to flow from the negligence of which the plaintiff has complained. These damages must be specifically averred…

The assessment of damages should be based on the pleadings and the evidence adduced, and where there is no evidence to support a claim for damages,…

It is settled law that a court cannot grant to a plaintiff a remedy which has not been claimed and established by the pleading and the…