Principle Archive

Where a concurrent finding of fact does not flow logically from other findings made by the trial judge, it is perverse, and the Supreme Court will…

It is settled law that a servant will rarely be forced on a master. The proper remedy for wrongful dismissal is damages.

What determines the wrongfulness or otherwise of a dismissal is the contract of service, not any notion of fair hearing. The employer is not obliged to…

An employee's conduct that constitutes gross misconduct, such as taking money from the employer's cashier without giving a cheque, justifies summary dismissal.

The constitutional right to fair hearing does not apply to dismissal from employment governed by a contract of service, as the employer acts administratively, not quasi-judicially.

The primary duty of a court is to hear parties on their complaints and confine them to the battleground they have chosen. An appellate court should…

Where an appellate court wishes to raise and determine a new issue suo motu that is fundamental to the determination of the appeal, it must invite…

Where a claim for trespass and injunction is brought, title to the land is put in issue. The law ascribes possession to the party with the…

In a trespass action where the plaintiff relies on a grant, he must prove the validity of that grant in order to succeed.

Under Bini customary law, to acquire a legal estate in communal land, the applicant must show that his application was recommended to the Oba for approval…

An order of retrial is not appropriate where it is manifest that the plaintiff's case failed entirely and no irregularity is apparent on the record or…

When dealing with judgments or matters from native courts, an appellate court is entitled to go beyond what appears on the face of the claim and…