Principle Archive

Admission by a party of another's corporate status cannot substitute for proof of incorporation; the certificate of incorporation must be produced in evidence.

When a company's incorporation is categorically denied, the plaintiff must prove incorporation by producing the certificate of incorporation; failure to do so is fatal to the…

The certificate of incorporation is the only way to prove a company's legal personality; it is conclusive proof of incorporation.

When an issue is joined on pleadings, the party bearing the burden must adduce satisfactory evidence; failure to produce a certificate of incorporation when the company's…

When a company's capacity to sue is challenged, it must prove its incorporation; failure to do so means it does not exist in the eyes of…

A landowner or grantor cannot derogate from his own grant; having validly granted land to one party, he cannot subsequently grant the same land to another.

Under Yoruba customary law, family land is validly alienated when sold by the head of the family with the consent of the accredited representatives or principal…

Under Section 108 of the Evidence Act, a court has the power to compare disputed signatures with admitted signatures to determine authenticity, and an appellate court…

A party alleging forgery must plead it specifically with particulars and prove it; a finding of forgery without proper pleading and proof is perverse.

Evidence on a matter not pleaded cannot be received, even if extracted in cross-examination; such evidence goes to no issue.

When traditional histories of parties are divergent, the court should look to other evidence such as recent acts of possession; those in unchallenged possession exercising control…

In civil cases, the onus is always on the plaintiff to prove his case to the satisfaction of the trial court.