Principle Archive – Page 298 – Nigerian LawCompass (NLC)

5473 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Issues Not Appealed Against — Party Cannot Question Finding Not Appealed Against

Comptoir Commercial & Ind. S.P.R. Ltd v. Ogun State Water Corporation & Anor (2002) NLC-1151997(SC)

Appellate Practice Supreme Court

Where a party has not appealed against a finding of a trial court, he cannot be heard to question that finding on appeal.

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APPELLATE PRACTICE — Issues for Determination — Abandonment of Issues — Duty of Appellate Court to Consider Only Issues Raised and Argued

Ebba v. Ogodo & Anor (1984)

Appellate Practice Supreme Court

When an issue is not placed before the court, it has no business whatever to deal with it.

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APPELLATE PRACTICE — Abandonment of Grounds of Appeal — Effect — Where Ground of Appeal Withdrawn or Not Canvassed in Brief

Comptoir Commercial & Ind. S.P.R. Ltd v. Ogun State Water Corporation & Anor (2002)

Appellate Practice Supreme Court

Where a ground of appeal is withdrawn or not canvassed in the brief, it shall be held to have been abandoned.

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CIVIL PROCEDURE — Representative Capacity — Right of Family Member to Sue

Ezekude v. Odogwu & Ors (2002) NLC-631998(SC)

Civil Procedure Supreme Court

A family member can sue to protect family property, including his own interest, even without express authorisation from other family members.

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CIVIL PROCEDURE — Representative Capacity — Challenge to Capacity — When Challenge Must Be Raised

Ezekude v. Odogwu & Ors (2002) NLC-631998(SC)

Civil Procedure Supreme Court

A challenge to a party's representative capacity is a matter that can only be argued as a new issue by leave of court; where no leave…

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APPELLATE PRACTICE — Concurrent Findings — Interference by Supreme Court — When Court Will Not Disturb Concurrent Findings

Ezekude v. Odogwu & Ors (2002) NLC-631998(SC)

Appellate Practice Supreme Court

It is not the duty of the Supreme Court to interfere with concurrent findings of fact by lower courts where those findings were based on evidence…

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JURISDICTION — Ouster Clause — Interpretation of Ouster Clause — No Ouster Clause Can Protect Inferior Court or Tribunal Against Violation of Jurisdictional Limits

Onyeanusi v. Miscellaneous Offences Tribunal (2002) NLC-491996(SC)

Jurisdiction Supreme Court

No ouster clause in the law establishing an inferior court or tribunal can protect it against a violation of its jurisdictional limits; it can only hide…

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JURISDICTION — Ouster Clause — Effect of Ouster Clause Where Tribunal Exceeds Jurisdiction — Ouster Clause Does Not Protect Tribunal Acting in Excess of Jurisdiction

Onyeanusi v. Miscellaneous Offences Tribunal (2002) NLC-491996(SC)

Jurisdiction Supreme Court

Where a tribunal acts within its jurisdiction, an ouster clause bars proceedings; but where the tribunal acts in excess of its jurisdiction, the High Court has…

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CRIMINAL LAW — Arson — Interpretation of Arson Offence Provisions — Mischief Rule Applied to Determine Scope of Section 3(4)(a)

Onyeanusi v. Miscellaneous Offences Tribunal (2002) NLC-491996(SC)

Criminal Law Supreme Court

The mischief against which section 3(4)(a) of the decree was directed was to make it clear that "any building" means any public building or any private…

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CRIMINAL LAW — Arson — Interpretation of Arson Offence Provisions — Dwelling House Not Restricted to Public Dwelling House Under Section 3(4)(a) of Special Tribunal (Miscellaneous Offences) Decree No. 20 of 1984 as Amended by Decree No. 22 of 1986

Onyeanusi v. Miscellaneous Offences Tribunal (2002) NLC-491996(SC)

Criminal Law Supreme Court

The language of section 3(4)(a) of Decree No. 20 of 1984 as amended is plain and unambiguous; "dwelling house" is not restricted to "public" dwelling house,…

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EVIDENCE LAW — Estoppel by Conduct — Elements of Estoppel in Pais

Nsirim v. Nsirim (2002) NLC-1761995(SC)

Evidence Law Supreme Court

Where one by his words or conduct willfully causes another to believe the existence of a certain state of things and induces him to act on…

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CUSTOMARY LAW — Proof of Custom — Burden of Proof

Nsirim v. Nsirim (2002) NLC-1761995(SC)

Customary Law Supreme Court

Native law and custom are matters of evidence and must be proved in any particular case, unless they are of such notoriety and frequently followed that…

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