Principle Archive

The expression "unless otherwise ordered by the court" governs the interest and its rate. The court may order that interest of more or less than 10%…

Order 27 rule 8 admits of three interpretations: (1) 10% interest shall be paid on all judgment debts from the date of judgment; (2) the court…

Order 27 rule 8 of the Kano State High Court (Civil Procedure) Rules, 1976 is clear and unambiguous: unless the court otherwise orders, a judgment debt…

When an error has been committed, it is within the competency of the court to correct the record to bring it into harmony with the order…

A deed takes effect from the moment of delivery, not from the date of execution. Delivery may be conditional (escrow) until a condition is fulfilled.

The Supreme Court has no jurisdiction to determine hypothetical or academic questions. Resolution of an apparent conflict between earlier decisions is not necessary for the determination…

Section 22(1) of the Land Use Act prohibits alienation of a statutory right of occupancy without the Governor's consent. A transaction without such consent is inchoate;…

A party should not be penalised for the negligence of his counsel, especially where there are other factors militating against prompt action.

The court may grant leave to adduce additional evidence on appeal in the interest of justice, especially where the evidence would advance the resolution of a…

The general authority of counsel to conduct a case is predicated on the existence of a counsel-client relationship. Where there is no such relationship, an act…

A court has no jurisdiction to make an order affecting property that is not within the subject matter of the dispute in the substantive case.

A court from which an appeal lies, as well as the court to which an appeal lies, has a duty to preserve the res to ensure…