Standard
CRIMINAL LAW – Manslaughter – Unlawful and Dangerous Act
Thomas v. The State (1994) NLC-1671992(SC)
Where the act which a person is engaged in performing is unlawful, then if at the same time it is a dangerous act (an act likely…
5375
Principles
53
Areas of Law
26
Years Covered
Standard
CRIMINAL LAW – Proof of Murder – Cause of Death and Medical Evidence
Princewill v. The State (1994) NLC-1771992(SC)
To secure a conviction for murder, the prosecution must prove beyond reasonable doubt that the death of the deceased was caused directly or indirectly by the…
Standard
EVIDENCE LAW – Contradictions in Evidence – Duty of Court
Princewill v. The State (1994) NLC-1771992(SC)
Where there are contradictions in the evidence of prosecution witnesses on material facts, such contradictions ought to be explained to the satisfaction of the court by…
Standard
ARBITRATION LAW – Appointment and Conduct of Arbitrator – Proceeding Ex Parte After Due Notice
Lagos State Development and Property Corporation v. Adold Stamm International (Nigeria) Limited (1994) NLC-2821991(SC)
An arbitrator may proceed with a reference in the absence of one of the parties if they do not choose to attend; the party ought to…
Standard
ARBITRATION LAW – Misconduct of Arbitrator – Allegations of Bias and Standard of Proof
Lagos State Development and Property Corporation v. Adold Stamm International (Nigeria) Limited (1994) NLC-2821991(SC)
There must be grounds for supposing bias; materials before the court must be such that could debar the arbitrator from acting; to hold otherwise would open…
Standard
CONSTITUTIONAL LAW – Inconsistency with Constitution – Effect on Contract Validity and Arbitrator’s Jurisdiction
Lagos State Development and Property Corporation v. Adold Stamm International (Nigeria) Limited (1994) NLC-2821991(SC)
A statutory provision not having been modified by the Governor pursuant to section 274 of the Constitution is void for inconsistency; the provision is therefore inconsistent…
Standard
EVIDENCE LAW – Affidavit Evidence – When Oral Evidence Is Necessary
Lagos State Development and Property Corporation v. Adold Stamm International (Nigeria) Limited (1994) NLC-2821991(SC)
Where the conflicts are not material to the case or where the facts are inadmissible in evidence, the court should not be saddled with the responsibility…
Standard
CRIMINAL LAW – Common Intention – Liability for Joint Acts
Kasa v. The State (1994) NLC-2121993(SC)
When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act…
Standard
EVIDENCE LAW – Confessional Statements – Definition and Admissibility
Kasa v. The State (1994) NLC-2121993(SC)
A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference that he committed that crime.
Standard
EVIDENCE LAW – Non-Confessional Statements – When Not Hearsay
Kasa v. The State (1994) NLC-2121993(SC)
Evidence of a statement made to a witness by a person who is not himself called as a witness may or may not be hearsay; it…
Standard
EVIDENCE LAW – Proof of Confession – Desirability of Corroboration
Kasa v. The State (1994) NLC-2121993(SC)
It becomes desirable for the court to be very cautious in convicting the accused of the offense charged merely on his confession; hence the desirability to…
Standard
CIVIL PROCEDURE – Jurisdiction of Court – Reliance on Statement of Claim
Kotoye v. Saraki (1994) NLC-1471993(SC)
When an objection is taken that a court has no jurisdiction to hear or continue hearing a suit, only the averments in the Statement of Claim…