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Principle Archive

5375 Principles 53 Areas of Law 26 Years Covered

Standard

JURISDICTION – Jurisdiction of Court – Fundamental Nature – Priority of Determination

Magaji v. Matari (2000) NLC-1361994(SC)

Jurisdiction Supreme Court

It is both fundamental and elementary principle in the adjudicatory process that where the jurisdiction of the court or judge is in issue in respect of…

Standard

JURISDICTION – Jurisdiction of Court – Determination of Jurisdiction – Plaintiff’s Claim as Basis

Magaji v. Matari (2000) NLC-1361994(SC)

Jurisdiction Supreme Court

It is the plaintiff's claim that determines the issue of jurisdiction.

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CONSTITUTIONAL LAW – Judicial Powers – Sharia Court of Appeal – Matters of Islamic Personal Law – Limitation to Enumerated Subjects

Magaji v. Matari (2000) NLC-1361994(SC)

Constitutional Law Supreme Court

The jurisdiction of the Sharia Court of Appeal is Constitutional and circumscribed as prescribed in the Constitution; it seems unambiguous on a fair construction that the…

Standard

CONSTITUTIONAL LAW – Judicial Powers – Sharia Court of Appeal – Land Dispute – Whether Within Jurisdiction

Magaji v. Matari (2000) NLC-1361994(SC)

Constitutional Law Supreme Court

The claim of the plaintiff is not one based on inheritance; a claim of inheritance presupposes that the parties are claiming from a common owner; this…

Standard

CONSTITUTIONAL LAW – Judicial Powers – Sharia Court of Appeal – Constitutional Limitation – Effect of Decree No. 26 of 1986

Magaji v. Matari (2000) NLC-1361994(SC)

Constitutional Law Supreme Court

The Constitutional Amendment failed to enhance the jurisdiction of the Sharia Court of Appeal because it left the original jurisdiction of the Court intact; thus, even…

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CONTRACT LAW – Breach of Contract – Right to Rescind – Whether Serious Breach Justifies Rescission de futuro

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Contract Law Supreme Court

Where one party has committed a serious breach of contract the innocent party has a right to rescind the contract; it has been said that the…

Standard

CONTRACT LAW – Breach of Contract – Rescission for Breach – Restitutionary Remedies Available – Total Failure of Consideration

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Contract Law Supreme Court

The law recognises the restitutionary remedies of an innocent party who has opted to rescind de futuro a contract by reason of the serious breach of…

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CIVIL PROCEDURE – Remedies – Declaratory Reliefs – Nature of – Whether Claim for Declaration Is Independent Cause of Action

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Civil Procedure Supreme Court

A claim for a declaration is itself a cause of action created by the rules of court; declaratory judgments are not to be regarded as auxiliary…

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CIVIL PROCEDURE – Remedies – Declaratory Reliefs – Jurisdiction to Grant – Not Confined to Cases Where Plaintiff Has Complete Cause of Action

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Civil Procedure Supreme Court

The jurisdiction of the court to make a declaration is not confined to cases where a plaintiff has a complete and subsisting cause of action but…

Standard

CIVIL PROCEDURE – Pleadings – Striking Out Pleadings – Disclosure of Reasonable Cause of Action

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Civil Procedure Supreme Court

A reasonable cause of action means a cause of action which (when only the allegations in the statement of claim are considered) has some chance of…

Standard

CIVIL PROCEDURE – Pleadings – Statement of Claim – Agreement to Transfer Property Not Constituting Actual Transfer

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Civil Procedure Supreme Court

An agreement to assign is not an assignment; the argument that the plaintiff admitted that they had transferred the property to the defendant is based on…

Standard

CIVIL PROCEDURE – Cause of Action – Definition of “Cause of Action”

Dantata & Anor v. Mohammed (2000) NLC-1051997(SC)

Civil Procedure Supreme Court

The words 'cause of action' mean simply a factual situation the existence of which entitles one person to obtain a remedy against another person; it denotes…

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