More results...

Principle Archive

5380 Principles 53 Areas of Law 26 Years Covered

Standard

EVIDENCE LAW – Identification of Deceased – Proof of Identity – Whether Identification to Medical Doctor Essential

Alarape & Ors v. State (2001) NLC-872000(SC)

Evidence Law Supreme Court

Where the identity of the deceased was at no time in doubt whether before or after he was shot dead by the first appellant, and the…

Standard

CIVIL PROCEDURE – Abuse of Court Process – Parallel Proceedings – Effect

A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC)

Civil Procedure Supreme Court

The action seeking in this court for a relief already before another court in a pending action between the parties is without doubt an abuse of…

Standard

CONSTITUTIONAL LAW – State Creation – Successor States – Joint Ownership of Unvested Assets

A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC)

Constitutional Law Supreme Court

When the composition of the community comprising a state changes as fundamentally as in this case by a redefinition of the areas comprising the state, it…

Standard

CONSTITUTIONAL LAW – State Creation – Assets Not Covered by Vesting Provision – Devolution of Property

A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC)

Constitutional Law Supreme Court

Properties not mentioned in section 7(1) belonging to the former Ondo State are not vested in the new Ondo State or Ekiti State. Their devolution was…

Standard

CONSTITUTIONAL LAW – State Creation – States (Creation and Transitional Provisions) Decree No. 36 of 1996 – Section 7(1) – Properties Vested in Ekiti State

A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC)

Constitutional Law Supreme Court

Section 7(1) vested properties described in it in Ekiti State, but it did not vest any property in Ondo State. It was in this wise that,…

Standard

CONSTITUTIONAL LAW – Contracting Out vs Contracting In – Distinction

A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC)

Constitutional Law Supreme Court

The case before us here is not that of 'contracting out' but rather that of 'contracting in'. Section 7(1) vests no property in the plaintiff anywhere…

Standard

EQUITY AND TRUSTS – Estoppel – Participation in Sharing Exercise – Effect on Subsequent Challenge

A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC)

Equity and Trusts Supreme Court

The plaintiff is certainly estopped or precluded from contesting the issue of the sharing of assets and liabilities of the old Ondo State which had long…

Standard

STATUTORY INTERPRETATION – Constitutional Provisions – Liberal Construction – Ut Res Magis Valeat Quam Pereat

A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC)

Interpretation of Statutes Supreme Court

The approach of this court to the construction of the constitution should be, and so it has been, one of liberalism, probably a variation on the…

Standard

STATUTORY INTERPRETATION – Clear and Unambiguous Words – Literal Interpretation

A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC)

Supreme Court

It is certainly a cardinal principle of interpretation that where in their ordinary meaning the provisions are clear and unambiguous effect must be given to them…

Standard

EQUITY AND TRUSTS – Injunction – Nature and Purpose – Protection of Existing Legal Right

A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC)

Equity and Trusts Supreme Court

Injunction is granted to protect an existing legal right with the object of keeping matters in status quo. This claim assumes erroneously the ownership of property…

Standard

EVIDENCE LAW – Affidavit Evidence – Uncontroverted Facts – Effect

A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC)

Evidence Law Supreme Court

The proper and only conclusion therefore is that the defendant's story remained unchallenged and uncontraverted. It is necessary for the court to be appraised of all…

Standard

CIVIL PROCEDURE – Jurisdiction – State High Court Has Jurisdiction Over Tort of Conversion

*7-UP Bottling Company Ltd. & Ors v. Abiola and Sons Bottling Company Ltd.* (2001) NLC-631996(SC)

Civil Procedure Supreme Court

This is an action for conversion in tort between same parties. The State High Court has unlimited jurisdiction to try it by virtue of Section 236(1)…

Previous 1 … 360 361 362 363 364 … 449 Next