Principle Archive

Rectification corrects a defect in recording what the document was intended to record, not mistakes in the terms agreed upon or in forming an intention; courts…

As a general rule, a contract cannot confer rights or impose obligations on any person except the parties to it or their privies; mere benefit from…

Without verification by affidavit evidence of the facts alleged in the originating summons, the summons is incompetent and should be struck out.

No reasonable court will grant a relief predicated on the existence of facts without having those facts put before it, whether the proceedings were commenced by…

Where reliefs sought in proceedings commenced by originating summons are predicated on facts, such facts must be brought before the court by affidavit evidence; failure to…

Originating summons is appropriate where the issue involves construction of a written law or document, or where there is unlikely to be any substantial dispute on…

Paragraph (d) of section 230(1) of the 1979 Constitution is a special provision for banks and banking; it applies to a bank that is also a…

Where there is a special provision in a statute, a later general provision capable of covering the same subject matter is not to be interpreted as…

The provision of section 230(1)(d) of the 1979 Constitution, specially made for banks and banking, applies to a bank even if it is also a Federal…

A statutory corporation cannot be regarded as a Federal Government agency simply because its staff are defined as persons working in the public service of the…

A mere ipse dixit (bare assertion resting on the authority of the individual) is admissible evidence, but where further proof is needed, it may not be…

Not all contradictions result in the rejection of a witness's evidence; only material contradictions that result in a miscarriage of justice are fatal.