Principle Archive

It is not the rules of court that vest jurisdiction in the court but rather the statute creating that court.

The issue of who should be a candidate of a political party at any election is a political issue to be determined by the party's rules…

Under the doctrine of stare decisis, the decision of a higher court may be criticised by a lower court judge, but the judge is bound to…

Section 3 of the Trade Marks Act, 1965 gives a right of action for passing-off derived from the Act, not from common law. This right arises…

Since the Federal High Court had no jurisdiction to entertain the matter ab initio, its decision and that of the Court of Appeal thereon are also…

For the Federal High Court to have jurisdiction over a passing-off claim arising from infringement of a trade mark, the trade mark must be registered. A…

The issue of jurisdiction, being the threshold to any action in court, must be looked into first, because any proceedings of court in the absence of…

The office of the Attorney-General, being a creation of the Constitution, is a legal person known to law. The office is different and distinct from the…

A preliminary objection deals strictly with law and generally requires no supporting affidavit. However, if it leaves the exclusive domain of law and flirts with the…

There must exist between the parties a matter in actual controversy which the court is called upon to decide as a living issue. Courts have no…

Courts do not embark on academic exercises because they are not academic institutions. The general principle is that the outcome of litigation by way of judgment…

The Constitution enshrines separation of powers in Sections 4, 5, and 6, but also enacts Section 315 as a transitional provision to avoid lacunae in governance.…