Principle Archive

A court is competent when: (1) properly constituted; (2) the subject matter is within its jurisdiction; and (3) the case is initiated by due process with…

There cannot be a stay of execution of a judgment or order that does not admit of any execution but merely declares a legal status or…

A stay of execution only prevents a plaintiff from putting into motion the machinery of the law. An order for stay pending appeal can only be…

In non-marine insurance, there are no statutory requirements prescribing the form of document to be used; even a parol contract is valid. Any document containing the…

A contract of non-marine insurance is created where there is an unqualified acceptance by one party of an offer made by the other. Once a proposal…

If an insurance agent has authority to receive premium, payment to the agent binds the insurer. The authority need not be express; it may be implied…

Where a defendant avers that he "is not in a position to admit or deny" paragraphs of a statement of claim, it amounts to insufficient denial…

The clear and unambiguous provisions of section 3(3) of the Public Officers (Special Provisions) Decree No. 17 of 1984 ousted the jurisdiction of the trial High…

Under section 11 of the Court of Appeal Act, 1976 and section 258(2) of the 1979 Constitution, once an appeal has been fully heard and judgment…

Under the Public Officers (Special Provisions) Decree No. 17 of 1984, the appropriate authority for retirement of certain officers is the Head of the Federal Military…

An express clause providing that all risks of foreign exchange including fluctuations howsoever caused shall be borne by the borrower effectively allocates foreign exchange risk to…

A loan agreement providing that the loan shall include any sum owing by reason of advances made on letters of credit issued on behalf of the…