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Principle Archive

5473 Principles 53 Areas of Law 26 Years Covered

Standard

APPELLATE PRACTICE – Standard of Review – Burden on Appellant in Civil Appeal

Obulor & Anor v. Oboro (2001) NLC-1321997(SC)

Appellate Practice

Every valid judgment delivered by a competent court is presumed to be right. The burden is therefore, on an appellant to show why the judgment he…

Standard

APPELLATE PRACTICE – Suo Motu Decision – When Court May Raise Issues Suo Motu – Duty to Invite Counsel

Korede v. Adedokun & Anor (2001) NLC-411996(SC)

Appellate Practice Supreme Court

Although an appeal court is entitled, in its discretion, to take points suo motu if it sees fit to do so, yet that discretion must be…

Standard

APPELLATE PRACTICE – Dismissal of Appeal – Want of Diligent Prosecution – Court Not Obliged to Sift Valid Grounds from Invalid Ones in a Mixed Brief

Korede v. Adedokun & Anor (2001) NLC-411996(SC) a

Appellate Practice Supreme Court

This is a mixed grill served and I am of the firm view that it is not the business of the court to sift the chaff…

Standard

APPELLATE PRACTICE – Brief Writing – Issues for Determination – Issues Must Relate to Grounds of Appeal Filed

Korede v. Adedokun & Anor (2001) NLC-411996(SC)

Appellate Practice Supreme Court

This court has on many occasions made it abundantly clear that issue in a brief must relate to the grounds of appeal filed. See Latunde v.…

Standard

APPELLATE PRACTICE – Grounds of Appeal – Amendment – Failure to File Amended Notice of Appeal After Leave Granted Renders Additional Grounds Incompetent

Korede v. Adedokun & Anor (2001) NLC-411996(SC)

Appellate Practice Supreme Court

The effect of that neglect to file her amended notice of appeal is that those grounds of appeal cannot be argued as was done in the…

Standard

APPELLATE PRACTICE – Brief Writing – Competence of Brief – Brief Based on Proposed Grounds of Appeal Not Yet Filed Is Incompetent

Korede v. Adedokun & Anor (2001) NLC-411996(SC)

Appellate Practice Supreme Court

A brief or part thereof based on proposed grounds of appeal is incompetent. See Osinupebi v. Saibu & ors. (1982) 7 SC 104 at pp 110…

Standard

EVIDENCE LAW – Native Court Judgments – Effect When Not Tied to a Plan

Ikeni & Anor v. Efamo & Ors (2001) NLC-991997(SC)

Evidence Law Supreme Court

When in a subsequent suit in which the judgment should have been useful it turns out that a plan produced as a purported reflection of the…

Standard

CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Formulation of Principle

Ikeni & Anor v. Efamo & Ors (2001) NLC-991997(SC)

Civil Procedure Supreme Court

A party is precluded from contesting the contrary of any precise point which has been distinctly put in issue and with certainty determined.

Standard

CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Public Policy Foundation

Ikeni & Anor v. Efamo & Ors (2001) NLC-991997(SC)

Civil Procedure Supreme Court

The doctrine of issue estoppel is founded on strong principles of justice and public policy. Were parties to be allowed to relitigate the same issue over…

Standard

CIVIL PROCEDURE – Res Judicata – Effect of Prior Judgment in Fresh Action for Declaration Tied to a Plan

Ikeni & Anor v. Efamo & Ors (2001) NLC-991997(SC)

Civil Procedure Supreme Court

A party who seeks to have a declaration tied to a plan commences a fresh action and by so doing undertakes all over again to prove…

Standard

CIVIL PROCEDURE – Res Judicata – Conflicting Judgments – Later Judgment Supersedes Earlier Judgment

Ikeni & Anor v. Efamo & Ors (2001) NLC-991997(SC)

Civil Procedure Supreme Court

The law is well settled in this jurisdiction that where there are two or more conflicting judgments, it is the latest in time that constitutes res…

Standard

CIVIL PROCEDURE – Res Judicata – Issue Estoppel – Identity of Parties

Ikeni & Anor v. Efamo & Ors (2001) NLC-991997(SC)

Civil Procedure Supreme Court

The principle that for a defence of issue estoppel to succeed there must be identity of parties does not mean that all the parties in the…

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