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Principle Archive

5375 Principles 53 Areas of Law 26 Years Covered

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JURISDICTION — Raising Issue of Jurisdiction — When It Can Be Raised

Federal Housing Authority v. Kalejaiye (2010) NLC-123-198-2002(SC)

Jurisdiction Supreme Court

The issue of jurisdiction can be raised for the first time in any court and at any stage of the proceedings and in the Supreme Court…

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JURISDICTION — Fundamental Nature — Conditions for Valid Exercise of Jurisdiction

Federal Housing Authority v. Kalejaiye (2010) NLC-123-198-2002(SC)

Jurisdiction Supreme Court

Consequently before a court can claim jurisdiction in any matter it must — (a) Be properly constituted as regards members and qualifications of the members of…

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APPELLATE PRACTICE — Grounds of Appeal — Relationship Between Grounds and Particulars — Requirement for Competent Ground

Federal Housing Authority v. Kalejaiye (2010) NLC-123-198-2002(SC)

Appellate Practice Supreme Court

A ground of appeal and its particulars go together. Where the particulars in support of the ground are not related to the ground the ground is…

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APPELLATE PRACTICE — Extension of Time to Appeal — Election to Seek Other Remedy — Effect on Delay

Federal Housing Authority v. Kalejaiye (2010) NLC-123-198-2002(SC)

Appellate Practice Supreme Court

The option to appeal against the judgment delivered on 19/3/98 was very much open to the applicant as at 27/4/98 when he elected instead to bring…

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APPELLATE PRACTICE — Extension of Time to Appeal — Good and Substantial Reasons — Requirements for Grant of Application

Federal Housing Authority v. Kalejaiye (2010) NLC-123-198-2002(SC)

Appellate Practice Supreme Court

Order 2 Rule 31 of the Supreme Court Rules provides for enlargement of time to appeal or/and to seek leave to appeal. The important factors to…

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APPELLATE PRACTICE — Leave to Appeal — Grounds of Fact or Mixed Law and Fact — Necessity for Leave

Faith Enterprises Ltd v. B.A.S.F Nigeria Limited (2010) NLC-123-22-2002(SC)

Appellate Practice Supreme Court

For this court to have jurisdiction to hear and determine an appeal before it, no leave is required where the grounds of appeal involves question of…

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APPELLATE PRACTICE — Leave to Appeal — Effect of Failure to Obtain Leave When Required

Faith Enterprises Ltd v. B.A.S.F Nigeria Limited (2010) NLC-123-22-2002(SC)

Appellate Practice Supreme Court

The law is therefore trite… that where the condition precedent to the exercise of the right of appeal is necessary but has not been fulfilled, there…

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

Faith Enterprises Ltd v. B.A.S.F Nigeria Limited (2010) NLC-123-22-2002(SC)

Appellate Practice Supreme Court

The court is required to examine thoroughly the grounds of appeal together with their particulars in order to see whether any of the grounds reveal a…

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EVIDENCE LAW — Identification Evidence — Alibi of Co-Accused — Effect on Conviction of Others

Nkebisi & Anor v. State (2010) NLC-123-395-2002(SC)

Evidence Law Supreme Court

Where a co-accused raises a defence of alibi and is discharged, the discharge of one accused person cannot lead to the discharge of all accused persons…

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EVIDENCE LAW — Evaluation of Evidence — Function of Trial Judge — Appellate Interference

Nkebisi & Anor v. State (2010) NLC-123-395-2002(SC)

Evidence Law Supreme Court

It is an elementary principle of law that the function of evaluation of evidence, is essentially that of the trial Judge. When he satisfactorily performs this,…

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EVIDENCE LAW — Competency of Witness — Blood Relation of Deceased — Testifying for Prosecution

Nkebisi & Anor v. State (2010) NLC-123-395-2002(SC)

Evidence Law Supreme Court

There is no law which precludes a blood relation of a deceased person from testifying for the prosecution. In many cases when murder is committed in…

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CRIMINAL PROCEDURE — Prosecution Discretion — Calling of Witnesses — No Obligation to Call All Witnesses

Nkebisi & Anor v. State (2010) NLC-123-395-2002(SC)

Criminal Procedure Supreme Court

Although the burden on the prosecution is to prove its case against the accused person beyond reasonable doubt, the prosecution, has a discretion to call only…

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