Principle Archive

A decision under order 19 rule 5(1)(2) does not fall within the definition of 'decision' under section 277(1) of the 1979 Constitution. It is therefore not…

The appointment, being void, would plaintiff's acquiescence clothe it with validity? I rather think not.

The property of the church is vested in the Board of Trustees. But they are trustees for the true owners — members of the church. It…

It is trite that the grant of a declaration of right is at the discretion of the court but it is a discretion that must be…

Until the Constitution is validly amended, the members at general meeting cannot act to appoint a new Pastor — Harington v. Sendall (1903) 1 Ch. 921,…

The word 'amendment' includes rewriting the whole constitution and substituting the new for the old. The existing Constitution was written around the Founder Pastor. With his…

No action or proceeding shall be open to objection, on the ground that a mere declaratory judgment or order is sought thereby, and the Court may…

A cause of action is the question as to the civil rights and obligation of the plaintiff founding the action to be determined by the court…

A cause of action is defined in 'Stroud's Judicial Dictionary' as the entire set of circumstances giving rise to an enforceable claim. To our mind, it…

Our law reports are replete with authorities that show that in chieftaincy cases, all a plaintiff is required to do is to show in his statement…

I think the interest or injury test applied by the Federal Supreme Court in Olawoyin v. Attorney-General of Northern Nigeria (supra) should remain the yardstick in…

From the extracts of their Lordship's judgments one can clearly see that there was no majority of the Court in favour of Bello JSC's interpretation of…