Principle Archive

It is not every mistake or error in a judgment that will result in an appeal being allowed. It is only when the error is substantial…

The court cannot make an order which is uncertain or subject to different interpretations. The court must not grant a party what it has not asked…

A banker may consolidate accounts owned by a customer in his own right, unless precluded by agreement, to ascertain the balance. It is different where a…

The law permits and expects a Court of Appeal in appropriate circumstances to look at the evidence on record and make an objective finding of fact…

Findings of fact by a trial court are entitled to respect when the trial court has adequately performed its duty of evaluating evidence. Such findings are…

Where a person has been in possession nec clam, nec vi, nec precario (neither secretly, nor by force, nor by permission), the law presumes that long…

As a trustee, the eldest son is entitled to sell family land before the performance of second burial rites insofar as the sale is not tainted…

Under Benin customary law, upon the death of a father, the eldest son holds the estate as trustee for all children pending the performance of second…

All the facts of the purchase were clearly averred in the statement of defence for the court to see. The trial court made good use of…

A defence averring that the claim is bad in law and equity is sufficient when preceded by detailed material facts showing that the defendant was a…

An amendment will not be granted if it is inconsistent with the testimonies of witnesses on which both parties fought the case. Such an amendment would…

An amendment to change the nature of the claims before the court will not be allowed.