Principle Archive

For an appeal to lie to the Court of Appeal from the judgment of the Customary Court of Appeal of a State, therefore, it must relate:…

It is clear from the provisions of subsection (1) of section 224 of the 1979 Constitution that there is only one right of appeal to the…

Beyond alleging that the land in dispute was pledged land, nothing was said of the incidents of the pledge and how it was established. It follows…

A party asserting the existence of a customary pledge of land must not only allege the fact of pledge but must also plead and prove the…

Once pleadings are ordered, filed and exchanged, the parties and the courts are bound by the pleadings so filed; it therefore follows remorselessly that evidence must…

Where a party relies on a previous judgment, it is sufficient to rely on the record of proceedings in those cases; there is no need to…

Where an issue has earlier on been adjudicated upon by a court of competent jurisdiction and the same issue comes incidentally in question in any subsequent…

Minor overlaps in survey plans, particularly in the identification of boundaries, may occur as a matter of derailed accuracy by one party or as an attempt…

Public policy demands that there should be an end to litigation once a Court of competent jurisdiction has settled by a final decision, the matters in…

It is the duty of the Court of Appeal or any appellate Court to interfere with the trial court's decision where the trial court never adverted…

Under the modern practice, it is not necessary to plead estoppel in any particular form so long as the matters constituting the estoppel are stated in…

It is settled that the word 'shall', when used in an enactment is capable of bearing many meanings; it may be implying futurity or implying a…