Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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CUSTOMARY LAW – Bini Customary Law – Acquisition of Valid Title to Land

Evbuomwan v. Elema (1994) NLC-71992(SC)

Customary Law Supreme Court

The principles of Bini customary law governing acquisition of valid title to land are: (a) all lands in Benin Division are vested in the Oba of…

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APPELLATE PRACTICE – Grounds of Appeal – Non-Conclusiveness of Counsel’s Classification

Amuda v. Adelodun & Anor (1994) NLC-2271988(SC)

Appellate Practice Supreme Court

The classification of grounds of appeal by learned counsel for the appellant as grounds of law or as grounds based on mixed law and fact or…

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APPELLATE PRACTICE – Grounds of Appeal – Essential Requirements for Proper Framing

Amuda v. Adelodun & Anor (1994) NLC-2271988(SC)

Appellate Practice Supreme Court

A proper ground of appeal should be framed to show clearly the alleged misunderstanding or wrong application of the law by the lower court to the…

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APPELLATE PRACTICE – Grounds of Appeal – Relationship Between Ground and Particulars

Amuda v. Adelodun & Anor (1994) NLC-2271988(SC)

Appellate Practice Supreme Court

The law is that the particulars and nature of the error or misdirection alleged in relation to a ground of appeal should be the specific reasonings,…

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APPELLATE PRACTICE – Grounds of Appeal – Requirement of Leave for Grounds of Mixed Law and Fact or Fact Alone

Amuda v. Adelodun & Anor (1994) NLC-2271988(SC)

Appellate Practice Supreme Court

As grounds of appeal are not grounds based on error of law alone, the appellant ought to have obtained the leave of the Court of Appeal…

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APPELLATE PRACTICE – Grounds of Appeal – Distinction Between Grounds of Law, Grounds of Fact, and Grounds of Mixed Law and Fact

Amuda v. Adelodun & Anor (1994) NLC-2271988(SC)

Appellate Practice Supreme Court

It may be difficult to distinguish between a ground of appeal based on error in law and a ground based on misdirection on the facts of…

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APPELLATE PRACTICE – Court of Appeal Rules – Scope of Order 1 Rule 20(7) and Order 3 Rule 22

Total International Limited v. Awogboro (1994) NLC-321992(SC)

Appellate Practice Supreme Court

The provisions of Orders 1 Rule 20(7) and 3 Rule 22 of the Court of Appeal Rules are meant to cover appeals in interlocutory orders made…

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CIVIL PROCEDURE – Service of Process – Failure to Challenge Service at Trial

Total International Limited v. Awogboro (1994) NLC-321992(SC)

Civil Procedure Supreme Court

When a defendant desires to object to the regularity of the proceedings by which the plaintiff seeks to compel their appearance, they may either enter a…

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APPELLATE PRACTICE – Grounds of Appeal – Distinction Between Question of Law and Question of Fact

Total International Limited v. Awogboro (1994) NLC-321992(SC)

Appellate Practice Supreme Court

It is always difficult to distinguish a ground of law from a ground of fact but what is required is to examine thoroughly the grounds of…

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APPELLATE PRACTICE – Interlocutory Appeals – Raising Interlocutory Orders in Appeal Against Final Judgment

Total International Limited v. Awogboro (1994) NLC-321992(SC)

Appellate Practice Supreme Court

Where a party wants to appeal against an interlocutory decision, they must do so within the specified time allowed by law where the grounds of appeal…

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APPELLATE PRACTICE – Grounds of Appeal – Determination of Whether Ground Raises Question of Law Alone

Total International Limited v. Awogboro (1994) NLC-321992(SC)

Appellate Practice Supreme Court

A decision on the point whether a ground of appeal raises question of law alone certainly does not depend on the label an appellant gives to…

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ADMINISTRATIVE LAW – Delegation of Powers – Presumption of Regularity

Ondo State University & Anor v. Folayan (1994) NLC-1291991(SC)

Administrative Law Supreme Court

By section 149 subsections (1) and (2) of the Evidence Act, there is a presumption of regularity when an official act is shown to have been…

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