Principle Archive

Where a party admits that the land in dispute is the same as in a previous action, the question of identity is not in issue. The…

For res judicata to apply, the res (subject matter), the issue, and the parties must be the same in the new case as in the earlier…

Under the High Court Civil Procedure Rules 1988 of Ogun State, there is no provision for a High Court to order a non-suit, unlike in the…

Section 16 of the Court of Appeal Act empowers the Court of Appeal to make an order which the court below could have made. The Court…

An appellate court will not ordinarily interfere with findings of fact of a trial court which are supported by evidence unless such findings are perverse or…

Where parties have embodied the terms of their contract in a written document, extrinsic evidence is not admissible to add to, vary, subtract from or contradict…

Where a guarantee is a continuing security, and documents relied upon to show variation are merely an invitation to treat and a reply thereto, they do…

A continuing guarantee is a security for the whole amount due or which may become due. Where the agreement contains a clause for determination, parties are…

When a document is clear, the operative words should be given their simple and ordinary grammatical meaning. It is not the function of a court to…

Costs follow the event. Costs are not punitive. The court's discretion must be exercised judicially and judiciously. A successful party should not be denied costs unless…

Where a trial judge makes a holding that is in effect making a different case for the plaintiff outside the parties' pleadings, such a holding is…

It is the duty of the Court of Appeal to consider all grounds of appeal properly filed and argued before it. Failure to consider grounds of…