Principle Archive – Page 208 – Nigerian LawCompass (NLC)

5473 Principles 53 Areas of Law 26 Years Covered

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EVIDENCE LAW — Burden of Proof — No Evidence on Opposing Side — Minimum Proof Suffices

Adewuyi v. Odukwe (2005) NLC-172001(SC)

Evidence Law Supreme Court

Where there is no evidence to put on one side of the imaginary scale in a civil case, minimum evidence on the other side satisfies the…

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EVIDENCE LAW — Burden of Proof — Standard of Proof in Declaration of Title Claims — Proof by Preponderance of Evidence

Adewuyi v. Odukwe (2005) NLC-172001(SC)

Evidence Law Supreme Court

In a claim for declaration of title, the plaintiff must establish his claim by preponderance of evidence, showing better title than the defendant. The standard of…

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ARBITRATION LAW — Appointment of Arbitrators — Jurisdiction of State and Federal High Courts to Appoint an Arbitrator

Magbagbeola v. Sanni (2005) NLC-3302001(SC)

Arbitration Law Supreme Court

By virtue of section 57 (interpretation section), both the State High Court and the Federal High Court have jurisdiction to appoint an arbitrator.

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ALTERNATIVE DISPUTE RESOLUTION — Arbitration — Definition and Duty of an Arbitrator Distinguished from a Receiver

Magbagbeola v. Sanni (2005) NLC-3302001(SC)

Alternative Dispute Resolution Supreme Court

The duty of an arbitrator chosen by agreement of the parties is to settle any dispute between the parties. A receiver on the other hand is…

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EVIDENCE LAW — Confessional Statements — Conviction on Retracted Confession — Free and Voluntary Confession Sufficient

Solola & Anor v. State (2005) NLC-2682003(SC)

Evidence Law Supreme Court

A confessional statement made voluntarily by an accused person, even if subsequently retracted, is sufficient to sustain a conviction.

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EVIDENCE LAW — Confessional Statements — Admissibility — Unsworn Evidence at Trial Within Trial a Mere Irregularity

Solola & Anor v. State (2005) NLC-2682003(SC)

Evidence Law Supreme Court

By section 4(3) of the Oaths Act, failure to administer oath on a witness before giving evidence is a mere irregularity which does not affect the…

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EVIDENCE LAW — Confessional Statements — Evidence Against Maker — Statement of One Accused Not Admissible Against Another

Solola & Anor v. State (2005) NLC-2682003(SC)

Evidence Law Supreme Court

A voluntary confession or statement of an accused is deemed to be relevant and admissible against its maker and not against another.

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EVIDENCE LAW — Child Witness — Competence — Test Not Age but Intellectual Capacity

Solola & Anor v. State (2005) NLC-2682003(SC)

Evidence Law Supreme Court

All persons irrespective of age are competent to testify provided they have mental capacity and intelligence to understand questions put to them. Competency is not a…

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LIMITATION LAW — Limitation Periods — When Time Begins to Run

Amusan v. Obideyi (2005) NLC-1702000(SC)

Limitation Law Supreme Court

In calculating limitation, compare the writ and statement of claim alleging when the wrong was committed with the writ issue date. If issued beyond the limitation…

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CIVIL PROCEDURE — Interlocutory Applications — Consequence of Dismissal on the Merits

Amusan v. Obideyi (2005) NLC-1702000(SC)

Civil Procedure Supreme Court

Where an application is argued on the merits, the proper order is dismissal. Striking out is appropriate only when the application is withdrawn or counsel is…

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APPELLATE PRACTICE — Judicial Precedent — Court of Co-ordinate Jurisdiction — Impropriety of Overruling Earlier Decision Without Conflicting Authority

Ekpuk v. Okon (2005) NLC-722002(SC)

Appellate Practice Supreme Court

The Court of Appeal was wrong to have overturned the decision of a court of co-ordinate jurisdiction without conflicting authority.

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APPELLATE PRACTICE — Judicial Precedent — Court of Appeal Bound by Previous Decisions of Co-ordinate Jurisdiction — Circumstances When Departure Permissible

Ekpuk v. Okon (2005) NLC-722002(SC)

Appellate Practice Supreme Court

Four classes arise: (1) no conflicting decision—bound; (2) conflicting decisions—choose; (3) decision inconsistent with House of Lords—examine; (4) decision given per incuriam—examine. In second, third, and…

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