Principle Archive – Page 344 – Nigerian LawCompass

5457 Principles 53 Areas of Law 26 Years Covered

Standard

APPELLATE PRACTICE – Fresh Points – When Supreme Court Will Not Entertain

Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC)

Appellate Practice Supreme Court

Fresh point will not ordinarily be entertained by the Supreme Court if it had not the benefit of the views of the Justices of the lower…

Standard

APPELLATE PRACTICE – Fresh Issues on Appeal – Requirement of Leave

Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC)

Appellate Practice Supreme Court

The issue he has raised in this ground is no doubt an issue of law and although he has not raised it in the Court of…

Standard

APPELLATE PRACTICE – Grounds of Appeal – Sufficiency of Particulars – Ground Incorporating Error Complained of

Global Transport Oceanico S.A. & Anor v. Free Enterprises Nig. Ltd. (2001) NLC-128331998(SC)

Appellate Practice Supreme Court

Where the ground of appeal is couched or framed in such a way as to incorporate or contain particulars of error or misdirection complained of and…

Standard

JURISDICTION – Transfer of Suit – Proper Order Where Trial Court Lacks Jurisdiction is to Strike Out, Not Transfer

G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC)

Jurisdiction Supreme Court

It is now argued that since the High Court of Lagos State had no jurisdiction and the ruling of the High Court had been set aside,…

Standard

JURISDICTION – Power of Court of Appeal to Transfer Suit – Court of Appeal’s Powers Where Trial Court Lacks Jurisdiction

G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC)

Jurisdiction Supreme Court

I cannot see that the lower court has power to do that. Having found that the action was filed in a court which has no jurisdiction,…

Standard

JURISDICTION – Effect of Proceedings Conducted Without Jurisdiction – Transfer of Suit to Court with Jurisdiction – Proper Course is to Strike Out

G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC)

Jurisdiction Supreme Court

The proceedings before the Lagos High Court having been set aside as a nullity, the order by the court below (Court of Appeal) transferring the matter…

Standard

JURISDICTION – Transfer of Proceedings – Court of Appeal’s Power to Transfer Where Trial Court Lacks Jurisdiction – Nullity of Transfer Order

G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC)

Jurisdiction Supreme Court

The Court of Appeal having rightly found that the Lagos State High Court lacks the requisite jurisdiction to entertain the matter before it, has no right…

Standard

JURISDICTION – Transfer of Causes – Power of Court of Appeal to Transfer Matter to Federal High Court – Absence of Statutory Power to Transfer

G. & C. Lines & Ors v. Hengrace Nigeria Ltd. & Ors (2001) NLC-2142000(SC)

Jurisdiction Supreme Court

All the Court of Appeal ought to have done was to strike out the entire case.

Standard

CIVIL PROCEDURE – Injunctions – Availability – Requirement of Established Legal Right

Adah v. Adah (2001) NLC-1091997(SC)

Civil Procedure Supreme Court

An injunction is only available to protect an established legal right. If the substantive right has not been established an injunction cannot be granted.

Standard

APPELLATE PRACTICE – Issue Formulation – Competency of Issues – Requirement That Issues Be Pertinent to Grounds of Appeal Filed

Adah v. Adah (2001) NLC-1091997(SC)

Appellate Practice Supreme Court

The short point under fire is the competency of the single issue proffered by the appellant as the issue for determination. The said issue for determination…

Standard

APPELLATE PRACTICE – Grounds of Appeal – Effect of Issues Not Arising from Grounds – Deemed Abandonment of Grounds

Adah v. Adah (2001) NLC-1091997(SC)

Appellate Practice Supreme Court

Where an issue formulated does not arise from the grounds of appeal filed, and no issue has been raised based on those grounds, the grounds are…

Standard

APPELLATE PRACTICE – Grounds of Appeal – Prohibition of Arguments in Grounds – Requirement for Conciseness Without Narrative

Adah v. Adah (2001) NLC-1091997(SC)

Appellate Practice Supreme Court

A notice of appeal shall set forth concisely and under distinct heads the grounds upon which the appellant intends to rely at the hearing of the…

Previous 1 … 342 343 344 345 346 … 455 Next