Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE – Finality of Judgment – Supreme Court’s Decision as Final – No Jurisdiction to Review or Set Aside Final Judgment

Alao v. African Continental Bank Ltd (2000) NLC-141995(SC)

Appellate Practice Supreme Court

The exercise of jurisdiction of the Supreme Court is statutory and its powers are circumscribed by provisions of the Constitution and rules of practice made thereunder;…

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APPELLATE PRACTICE – Remittal of Case – Negligence of Counsel – Whether Ground to Set Aside Judgment

Alao v. African Continental Bank Ltd (2000) NLC-141995(SC)

Appellate Practice Supreme Court

It is difficult to appreciate how this reason falls within the principle enunciated which aims at vitiating a decision on grounds of want of jurisdiction or…

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APPELLATE PRACTICE – Supreme Court Jurisdiction – Review of Judgment – Misstatement of Law or Fact Not Correctable Under Slip Rule

Alao v. African Continental Bank Ltd (2000) NLC-141995(SC)

Appellate Practice Supreme Court

A misdirection or error in law which is apparent on the face of a judgment must be distinguished from an accidental slip or clerical mistake in…

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APPELLATE PRACTICE – Finality of Judgment – Supreme Court Cannot Sit on Appeal Over Its Own Decisions

Alao v. African Continental Bank Ltd (2000) NLC-141995(SC)

Appellate Practice Supreme Court

The point that needs be emphasized is that this court being a final court of justice under the Constitution has no jurisdiction and cannot under any…

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APPELLATE PRACTICE – Finality of Judgment – Court Becoming Functus Officio After Delivery of Judgment

Alao v. African Continental Bank Ltd (2000) NLC-141995(SC)

Appellate Practice Supreme Court

Where a court has decided an issue and the decision of the court is truly embodied in its judgment or order that has been made effective,…

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PROFESSIONAL ETHICS – Fees and Billing – Bill of Charges – Non-Itemisation Not Fatal Where No Objection Raised

Oyekanmi v. National Electric Power Authority (2000) NLC-1051993(SC)

Professional Ethics

In the present case, no objection of any kind was taken to the bill of charges, whether on a preliminary issue or in the statement of…

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PROFESSIONAL ETHICS – Fees and Billing – Bill of Charges – Form and Contents – Suggested Guidelines

Oyekanmi v. National Electric Power Authority (2000) NLC-1051993(SC

Professional Ethics Supreme Court

A general guideline as to form, contents and purpose of bill of charges would be: (1) bill should be headed to reflect subject-matter; (2) bill should…

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CIVIL PROCEDURE – Judgment Writing – Suo Motu Decision by Court – Raising and Deciding Issues Not Joined

Oyekanmi v. National Electric Power Authority (2000) NLC-1051993(SC)

Civil Procedure Supreme Court

It has been sufficiently stated as a golden rule of procedure that it is wrong for a court to raise and decide an issue suo motu…

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APPELLATE PRACTICE – Exercise of Discretion – Interference by Appellate Court – Principles Governing

Oyekanmi v. National Electric Power Authority (2000) NLC-1051993(SC)

Appellate Practice Supreme Court

The law is clear that a discretion properly exercised by a trial or lower court will not be lightly interfered with by an appellate court even…

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CHIEFTAINCY LAW – Selection of Traditional Rulers – Quorum Requirements – Effect of Participation of Disputed Kingmakers on Election Validity

Ibrahim v. Aliyu (2000) NLC-1071996(SC)

Chieftaincy Law Supreme Court

There is disagreement with the Court of Appeal that the mere participation of these 3 disputed king-makers simpliciter would invalidate the whole election; and the failure…

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CHIEFTAINCY LAW – Selection of Traditional Rulers – Quorum Provisions – Presence of All Members Not Required

Ibrahim v. Aliyu (2000) NLC-1071996(SC)

Chieftaincy Law Supreme Court

The nullification of selection exercise presupposes that all 10 kingmakers as stipulated must be present at meeting; with due respect, this is disagreed with; it is…

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CHIEFTAINCY LAW – Selection of Traditional Rulers – Interpretation of “Selectors Present” and “Largest Number of Votes”

Ibrahim v. Aliyu (2000) NLC-1071996(SC)

Chieftaincy Law Supreme Court

A simple grammatical construction of the expression 'the selectors present' and 'largest number of votes' would mean the requirement of quorum of seven and valid majority…

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