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Principle Archive

5375 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Reply Brief of Argument — Proper Purpose of Reply Brief

Agala & Ors v. Okunsin & Ors (2010) NLC-123-25-2003(SC)

Appellate Practice Supreme Court

The purpose of a reply brief of argument is meant to give an appellant the advantage of replying to new points of law raised in a…

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EVIDENCE LAW — Number of Witnesses — No Particular Number Required Except as Provided by Statute

Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC)

Evidence Law Supreme Court

The Evidence Act, Cap 112 LFN 1990, has provided as follows: '179 (1) Except as provided in this section, no particular number of witnesses shall in…

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EVIDENCE LAW — Unchallenged Evidence — Duty of Trial Court — Acceptance and Reliance

Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC)

Evidence Law Supreme Court

The law is certain that where evidence before a trial court is unchallenged, it is the duty of that court to accept and act on it…

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CIVIL PROCEDURE — Concurrent Findings of Fact — Appellate Intervention — When Higher Court May Disturb Concurrent Findings

Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC)

Civil Procedure Supreme Court

The trite position of the law is that where there are concurrent findings or decisions of two lower courts, a higher court of appeal does not…

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DAMAGES AND REMEDIES — General and Special Damages — Distinction — Double Compensation — Court Must Avoid Compensating Party Twice for Same Injury

Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC)

Damages and Remedies Supreme Court

In the award of damages, a court must be mindful of the necessity to ensure that a party is not doubly compensated for the same injury.

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DAMAGES AND REMEDIES — Special Damages — Proof — Requirement to Specifically Plead and Prove

Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC)

Damages and Remedies Supreme Court

The position of the law is that for a relief of special damages to succeed a plaintiff must specifically plead and prove it and support it…

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EVIDENCE LAW — Burden of Proof — Land Transaction Under Native Law and Custom — Party Must Prove Title on Strength of Own Case

Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC)

Evidence Law Supreme Court

The position of the law is that it is incumbent on a party in a claim for title to land to plead and prove his title…

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LAND LAW — Trespass — Onus of Proof — Plaintiff Establishing Prior Possession Shifts Burden to Defendant to Show Better Title

Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC)

Land Law Supreme Court

The plaintiff pleaded that he was in possession of the land in dispute at the time when the defendant entered thereon to excavate laterite. The plaintiff…

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LAND LAW — Trespass — Possession — Prior Possession Sufficient to Maintain Action Against Wrongdoer Without Proof of Title

Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC)

Land Law Supreme Court

It is trite law that trespass to land is actionable at the suit of the person in possession of the land. That person can sue for…

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LAND LAW — Customary Land Transaction — Validity of Sale — Sufficiency of One Witness to Conclude Valid Sale Under Native Law and Custom

Kopek Construction Ltd v. Ekisola (2010) NLC-123-213-2002(SC)

Land Law Supreme Court

In the absence of a direct pronouncement by the Supreme Court on the point therefore, I am inclined to the view of the learned trial judge…

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APPELLATE PRACTICE — Respondent’s Brief — Raising Issues — Requirement of Cross-Appeal or Respondent’s Notice

Chami v. United Bank for Africa Plc (2010) NLC-123-257-2003(SC)

Appellate Practice Supreme Court

It is settled law that where a respondent filed neither cross appeal nor respondent's notice, he does not have an unrestrained or unbridled freedom to raising…

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APPELLATE PRACTICE — Grounds of Appeal — Issues for Determination — Nexus with Grounds of Appeal

Chami v. United Bank for Africa Plc (2010) NLC-123-257-2003(SC)

Appellate Practice Supreme Court

Any issue not based on any ground of appeal is incompetent and is liable to be struck out. Issues for determination must be distilled from grounds…

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