Principle Archive

Where there is a conflict of traditional history, one side or the other must be mistaken, yet both may be honest in their belief. In such…

Issues are meant to be formulated, not on each ground of appeal, but raised out of a combination of the essential complaints of the appellants in…

Where a court of trial had clearly evaluated the evidence and appraised the facts, it is not the business of a Court of Appeal to substitute…

An appellant who desires that this court should upset the concurrent findings of two lower courts has the burden of showing in a clear and positive…

There is clearly no doubt at all that the effect of a successful plea of contributory negligence would be the apportionment of blame between the culprits/parties,…

As for the measure of damages, the principle is that the measure of damages is to be apportioned according to the proportions in which the parties…

However, the burden of proving contributory negligence in the Plaintiff rests on the Defendant. And this may be inferred from the Plaintiff's own evidence, or on…

The 2nd Defendant might not have chosen to use the words 'Contributory Negligence' themselves, but the facts pleaded in those paragraphs have the effect of a…

Clearly the learned trial judge could not have said that 'there is no receipt for the engines' in one breadth, and then in another breadth proceed…

Many statutes and subsidiary legislations usually lie dormant in the statute book. There is no obligation on those likely to be affected by them to rush…

Taking into consideration the provisions of the 1979 Constitution (supra) the ouster clauses in the Traditional Rulers and Chiefs Law 1979 of the defunct Bendel State,…

What is meant by abuse of process of court? It simply means that the process of the court has not been used bona fide and properly.…