Principle Archive

Those who propound a will must clearly show that there has been due execution, that the testator had the necessary mental capacity, and was a free…

A traverse which is evasive amounts to an implied admission. Every allegation of fact must be specifically traversed. A general denial or general statement of non-admission…

In an action for a debt or liquidated demand, a mere denial of the debt is inadmissible. A traverse must not be evasive but must answer…

Section 46(1) of the University of Ife Edict applies not only to cases based on tort but equally to cases based on contract. It speaks of…

Section 46(1) of the University of Ife Edict is not the same as Section 97 of the Ports Act. The Ports Act is restrictive in its…

Waiver of a statutory pre-action notice is not simple. Appearance by way of demurrer is not enough to amount to waiver. The waiver must be clear…

A respondent's notice under Order 3 rule 14 applies only where the respondent intends to retain the judgment but wants it varied. It is not available…

Under Regulation 52, where an opponent fails to file a statutory declaration, he is deemed to have abandoned his opposition unless the Registrar otherwise directs. The…

The exercise of discretion by the trial court may be reviewed on appeal, but an appellate court must not interfere unless the discretion was not exercised…

The court has inherent jurisdiction to dismiss an action for want of prosecution where there is default in compliance with an order of court or where…

Where there are concurrent findings of fact by the lower courts, the Supreme Court will not review the evidence a third time unless it has been…

If a party relies on and pleads a grant as his root of title, he must prove such grant. Where the radical title pleaded is not…