Principle Archive – Page 229 – Nigerian LawCompass (NLC)

5473 Principles 53 Areas of Law 26 Years Covered

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CONSTITUTIONAL LAW — High Court — Constitution of High Court — Section 238 of 1979 Constitution — Minimum Number of Judges — Whether Precludes State Law Requiring Two Judges for Appellate Jurisdiction

Ewete v. Gyang (2003) NLC-251997(SC)

Constitutional Law Supreme Court

The Constitution by providing a minimum number of judges does not invalidate any existing law that provides for two or more. For an appeal to the…

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APPELLATE PRACTICE — Leave to Appeal — Application for Leave to Appeal from High Court to Court of Appeal — High Court Sitting in its Appellate Jurisdiction — Necessity for Two Judges

Ewete v. Gyang (2003) NLC-251997(SC)

Appellate Practice Supreme Court

An interlocutory application for leave to appeal to the Court of Appeal must be distinguished from an interlocutory application for an appeal to be heard by…

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APPELLATE PRACTICE — Leave to Appeal — Application for Leave to Appeal from High Court Sitting in its Appellate Jurisdiction to Court of Appeal — Constitution of High Court — Whether Single Judge May Grant Leave

Ewete v. Gyang (2003) NLC-251997(SC)

Appellate Practice Supreme Court

An application for leave to appeal from a High Court sitting in its appellate jurisdiction to the Court of Appeal is a Federal matter; State rules…

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APPELLATE PRACTICE — Leave to Appeal — Application for Leave to Appeal from High Court to Court of Appeal — High Court (Interlocutory Applications in Appellate Matters) Rules — Scope of Application — Distinction Between Appeals to High Court and Appeals from High Court

Ewete v. Gyang (2003) NLC-251997(SC)

Appellate Practice Supreme Court

Rule 2 of the High Court (Interlocutory Applications in Appellate Matters) Rules, 1956, which provides for interlocutory applications for appeals to be heard by the High…

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TORT LAW — Trespass to Land — Possession as Basis for Trespass — Person with Defective Title May Maintain Trespass Action

Owhonda v. Ekpechi (2003) NLC-1981999(SC)

Tort Law Supreme Court

A person may be granted damages for trespass and an injunctive relief even without proof of ownership; mere exclusive possession is enough. A person in possession…

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LAND LAW — Declaration of Title — Root of Title — Duty to Prove How Family Acquired Title

Owhonda v. Ekpechi (2003) NLC-1981999(SC)

Land Law Supreme Court

When a radical title is not agreed by the parties as common to them, a party seeking a declaration of title who has pleaded and traced…

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LAND LAW — Declaration of Title — Identity of Land — Grant Must Be Ascertainable

Owhonda v. Ekpechi (2003) NLC-1981999(SC)

Land Law Supreme Court

In an action for declaration of title, the land must be identified with certainty. Proof of a gift or grant must be backed by credible evidence…

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EVIDENCE LAW — Documentary Evidence — Deed of Conveyance — Oral Evidence Cannot Contradict

Owhonda v. Ekpechi (2003) NLC-1981999(SC)

Evidence Law Supreme Court

A properly executed deed of conveyance is documentary evidence of the land transaction, and oral evidence will not be accepted to contradict the documentary evidence.

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