Principle Archive

Where the purpose of raising a fresh point is to challenge the interpretation of a statute that was the basis of the trial court's decision, it…

The Supreme Court will rarely interfere with the Court of Appeal's discretion to grant leave to argue fresh points unless the exercise of discretion is manifestly…

The issue of jurisdiction can be raised at any stage of the proceedings, even on appeal, because it is fundamental to adjudication.

A fresh point of law may be raised on appeal if it does not require new facts beyond those already admitted or proved, and the court…

The statutory deposit requirement for challenging chieftaincy appointments applies only to challenges to the validity of an appointment as a chief or to a vacant chieftaincy…

Appointment to membership of a Traditional Council is distinct from appointment as a chief; the statutory deposit condition for challenging chieftaincy appointments does not apply to…

To determine who the Governor appointed to a Traditional Council, the proper approach is to read the recommendation letter and the approval letter together, not separately.

Membership of a statutory body with defined functions is not a nebulous matter; a person appointed to membership who is prevented from taking his seat has…

Incorporating the writ of summons into the statement of claim by reference is an irregularity, but if not objected to at the earliest opportunity and no…

Joinder is necessary if the cause or matter is liable to be defeated by non-joinder, or if the third party ought to be joined so that…

It is improper to join as co-defendants persons against whom the plaintiff has no cause of action, against whom he has made no claim, and whose…

A necessary party is someone whose presence is required so that he may be bound by the result of the action and because there is a…