Principle Archive

With military intervention in Nigeria and the promulgation of Decrees, the unsuspended provisions of the 1979 Constitution have been judicially interpreted as subject to the provisions…

A tribunal may commit a mistake of law or fact within its jurisdiction. If there is a clear ouster clause prohibiting interference, a superior court cannot…

Notwithstanding any constitutional provision, the supervisory jurisdiction of a High Court shall not extend to any matter or proceedings before a tribunal duly constituted under the…

A person in possession can maintain trespass against anyone but the true owner. Where the defendant claims ownership, title is put in issue, and the plaintiff…

Occupation entails mere physical control, while possession may exist without physical occupation. A landlord collecting rents is in de jure possession even if not in physical…

Acts of possession and enjoyment of land may be evidence of ownership not only of the particular land but also of other land so situated or…

Where parties voluntarily submit a dispute to customary arbitration and agree, expressly or impliedly, that the decision shall be final and binding, they are bound by…

A plaintiff fully pleads bailment and negligence when the statement of claim contains facts constituting bailment and expressly pleads bailment, including the bailee's duty of care…

Where witnesses testifying for a party are not cross-examined by the opposing party who had the opportunity to do so, the evidence is unchallenged and can…

The mere fact that the bailee failed to deliver the goods which they had undertaken to transport is prima facie evidence of negligence; the onus of…

In bailment, the onus of proof is always on the bailee to show that the loss of or damage to the goods entrusted to him occurred…

A plaintiff may abandon a claim for breach of contract and rely on a claim in negligence in bailment; such course of action is within legal…