Standard
CIVIL PROCEDURE — Pleadings — Unproven Averments — Effect
Adake v. Akun (2003) NLC-951996(SC)
A paragraph in a pleading not proved is of no avail to the party.
5473
Principles
53
Areas of Law
26
Years Covered
Standard
CIVIL PROCEDURE — Pleadings — Averments — Need to Prove Averments Not Admitted
Adake v. Akun (2003) NLC-951996(SC)
An averment in a pleading is not evidence and cannot be substituted for evidence. Such an averment does not amount to proof unless it is admitted.
Standard
JURISDICTION — Lis Pendens — Requirements for Application — Pending Suit, Real Property, Proprietary Claim, Service of Process
Bua v. Dauda (2003) NLC-1371999(SC)
For the doctrine of lis pendens to apply, it must be shown: (a) the suit was pending at the time of sale; (b) the action relates…
Standard
JURISDICTION — Lis Pendens — Doctrine Applicable to Real Property — Alienation Pending Litigation Ineffective Regardless of Notice
Bua v. Dauda (2003) NLC-1371999(SC)
Where litigation is pending regarding property, a transfer of the legal estate to a third party, even without notice of the litigation, is ineffective. The doctrine…
Standard
EVIDENCE LAW — Burden of Proof — Uncontradicted Evidence — Plaintiff’s Evidence Accepted Where Defendant Fails to Testify
Bua v. Dauda (2003) NLC-1371999(SC)
A defendant who does not give evidence in support of his pleadings or in challenge of the plaintiff's evidence is deemed to have accepted the facts…
Standard
EQUITY AND TRUSTS — Undue Influence — Burden of Proof — Burden on Donee to Show Righteousness of Transaction in Presumed Undue Influence Cases
Bua v. Dauda (2003) NLC-1371999(SC)
Where relations give a party peculiar opportunities to exercise influence, if that party enters into a contract with or receives a gift from the other, equity…
Standard
EQUITY AND TRUSTS — Undue Influence — Classification — Actual Undue Influence Where Influence Expressly Used by Donee
Bua v. Dauda (2003) NLC-1371999(SC)
Two classes of undue influence exist: (1) where influence was expressly used by the donee; (2) where relations raise a presumption of influence. In the first…
Standard
EQUITY AND TRUSTS — Undue Influence — Actual Undue Influence — Transaction Set Aside Without Proof of Disadvantage Where Influence Expressly Used
Bua v. Dauda (2003) NLC-1371999(SC)
Undue influence is a state of mind where a person is subdued by improper persuasion or machination, overpowered, and induced to do an act against his…
Standard
CIVIL PROCEDURE — Pleadings — Admission by Non-Denial — Defendant Not in Position to Admit or Deny Constitutes Admission
Bua v. Dauda (2003) NLC-1371999(SC)
A pleading that a defendant is not in a position to admit or deny may be taken as an admission of the facts contained therein, or…
Standard
CIVIL PROCEDURE — Evaluation of Evidence — Appellate Court — Not Bound to Follow Trial Court’s Approach
Usman v. Garki (2003) NLC-1411999(SC)
An appellate court is not bound to consider the appeal before it as a trial court. Its duty is to determine whether the trial court considered…
Standard
CIVIL PROCEDURE — Counter-Claim — Proof Required — Not Automatic Upon Failure to File Reply
 Usman v. Garki (2003) NLC-1411999(SC)
A counter-claim does not automatically succeed merely because a reply was not filed. A counter-claim, like the main claim, must be proved on the balance of…
Standard
CIVIL PROCEDURE — Counter-Claim — Failure to File Reply — Effect
Usman v. Garki (2003) NLC-1411999(SC)
A reply to a counter-claim becomes necessary only if the counter-claim raises a fresh or new issue. Where the issues raised are already covered by the…