Standard
LABOUR LAW — Locus Standi under Trade Unions Act
Elufioye & Ors v. Halilu & Ors (1993) NLC-3101989(SC)
Section 18(1) of the Trade Unions Act confers locus standi on any five members of a trade union to apply to the High Court for an…
5449
Principles
53
Areas of Law
26
Years Covered
Standard
CONSTITUTIONAL LAW — Locus Standi under Section 6(6)(b) and Contractual Rights in Associations
Elufioye & Ors v. Halilu & Ors (1993) NLC-3101989(SC)
When the civil rights and obligations of individuals are affected, they have locus standi to seek judicial determination of such rights, and this constitutional right cannot…
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CONSTITUTIONAL LAW — Supremacy of Decrees over the Constitution
A-G of Anambra State & Ors v. A-G of the Federation & Ors (1993) NLC-1401993(SC)
During military rule, decrees constitute the supreme law of Nigeria, and all other laws including the Constitution are subordinate to decrees.
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CONSTITUTIONAL LAW — Original Jurisdiction of the Supreme Court Post-1984
A-G of Anambra State & Ors v. A-G of the Federation & Ors (1993) NLC-1401993(SC)
Following the modification of section 212 of the 1979 Constitution, the Supreme Court possesses no constitutional original jurisdiction unless expressly conferred by law.
Standard
CONSTITUTIONAL LAW — Effect of Modification of Constitutional Provision by Decree
A-G of Anambra State & Ors v. A-G of the Federation & Ors (1993) NLC-1401993(SC)
A military decree that modifies a constitutional provision effectively substitutes an entirely new provision for the original, completely wiping out the original constitutional provision and any…
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CIVIL PROCEDURE – Restitution – Action for Money Had and Received
Adesina & Ors v. Kola & Ors (1993) NLC-751987(SC)
In an action for money had and received, the obligation to repay is imposed by law based on the circumstances and what the court determines is…
Standard
LAND LAW — Time Limit for Claiming Compensation for Compulsorily Acquired Land Principle Statement
Adesina & Ors v. Kola & Ors (1993) NLC-751987(SC)
Claims for compensation in respect of compulsorily acquired land must be made within twelve months from the publication of the acquisition notice in the Gazette, failing…
Standard
CIVIL PROCEDURE — Ouster of High Court’s Jurisdiction in Land Acquisition Compensation Matters
Adesina & Ors v. Kola & Ors (1993) NLC-751987(SC)
Legislation can validly oust the jurisdiction of High Courts and other courts with original jurisdiction in land matters from hearing or determining questions relating to compulsory…
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CIVIL PROCEDURE — Principle Against Depriving Successful Litigant of Fruits of Judgment
The courts will not permit the judicial process to be used to frustrate a successful litigant from enjoying the fruits of their victory, particularly after exhausting…
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CIVIL PROCEDURE — Stay of Execution of Final Judgment
African Continental Bank Plc v. Obmiami Brick & Stone (Nig.) Ltd. (1993) NLC-2251992(SC)
The Supreme Court lacks jurisdiction to grant a stay of execution of its own final judgment based on subsequent proceedings initiated in the High Court, as…
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APPELLATE PRACTICE — Competence of Appeal on Grounds of Law
Per Ogundare, JSC, in African Continental Bank Plc v. Obmiami Brick & Stone (Nig.) Ltd. (1993) NLC-2251992(SC) at pp. 11–12; Paras A–C.
The competence of grounds of appeal is determined not by their nomenclature but by their substantive content. Grounds that complain of a misconception of the application…
Standard
EVIDENCE LAW – Conditions for Res Judicata – Inapplicability of Res Judicata Where Cause of Action Did Not Exist at Time of Earlier Suit
Per Omo, JSC, in Oloriegbe v. Omotesho (1993) NLC-1901988(SC) at pp. 13–14; Paras B–C.
Res judicata does not apply to a claim that is entirely new and was not previously canvassed in an earlier suit.