Principle Archive

I think it is elementary that the plaintiff could not thereafter be dismissed from an employment that had ceased to exist. The plaintiff's dismissal coming after…

When an employer terminates a contract of employment, the employee ceases to be in employment. The employee's subsisting rights, if any, are to claim terminal benefits…

Courts jealously guard their jurisdiction. Legislation seeking to restrict or oust court jurisdiction is construed strictly and narrowly. For jurisdiction to be ousted, it must be…

Since the right of an individual is affected, the court must carefully examine all circumstances to discover whether it fits within the ouster provision. Closing its…

The expression "set aside" as used by the Court of Appeal means dismissal. A judgment which is set aside has not the legal capacity to resurface…

A custom cannot be said to be repugnant to natural justice, equity and good conscience just because it is inconsistent with English law concept or some…

Kola tenancy is governed by the lex situs (law of the place where the land is situated), not the personal law of the deceased tenant. So…

Under Mgbelekeke family customary law, kola tenancy is inheritable by the children of a deceased kola tenant no matter the sex, but only upon production by…

A binding judicial declaration must derive from established principles of law. There must be a cause upon which the declaration is founded. Issues must be joined…

Concurrent findings of fact must be justifiably defended from the available evidence. Where they are not, they foster a miscarriage of justice, and the court will…

There is a general presumption that every person is sane until the contrary is proved. Section 27 of the Criminal Code provides that everyone is presumed…

Where the age of the accused person is material for conviction or relevant for determining sentence and evidence of such age is not conclusive, the trial…